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Solid Waste Management -- 20NMAC9. 1

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Solid Waste Management -- 20NMAC9.1- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - h au ..- - - - - - - - - - - - - - - --u - -

STATUTORY AUTHORITY. NMSA 1978, §§ 74-1-8(A)(14) and the Solid Waste Act, NMSA1978, §§ 74-9-1 to 74-9-42. [11-30-95]

Regulation Effective as of: 11/30/95

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ENVIRONMENTAL IMPROVEMENT BOARDP.O. BOX 26110/1190 ST. FRANCIS DRIVESANTA FE, NEW MEXICO 87502(505) 827-2842

TITLE 20CHAPTER 9PART 1

ENVIRONMENTAL PROTECTIONSOLID WASTE

SOLID WASTE MANAGEMENTC~-

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0C' rSUBPART I

GENERAL PROVISIONS

001. ISSUING AGENCY. Environmental Improvement Board.[11-30-95]

002. SCOPE. This Part applies to transportation, storage,transfer, processing, transformation, recycling, or disposal ofsolid waste. [11-30-95]

003. STATUTORY AUTHORITY. NMSA 1978, §§ 74-1-8(A)(14) and theSolid Waste Act, NMSA 1978, S§ 74-9-1 to 74-9-42. [11-30-95]

004. DURATION. Permanent. [11-30-951

005. EFFECTIVE DATE. November 30, 1995. [11-30-95]

006. OBJECTIVE. The objective of Part 1 of Chapter 9 is toestablish standards in the following areas of solid wastemanagement: [11-30-95]

A. facility permits; [11-30-951

B. facility size, siting criteria, design criteria, andoperations; [11-30-951

C. closure and post-closure; [11-30-95]

D. operator certification; [11-30-951

E. special waste; [11-30-95]

F. facility ground water monitoring, corrective action,and contingency plans; and [11-30-95]

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Solid Waste Management -- 20NMAC9.1 of 170

G. financial assurance. [11-30-95]

007. - 104. [RESERVED.]

105. DEFINITIONS. As used in this Part: [6-2-74; 1-30-92;11-30-951

A. "Act" means the Solid Waste Act, NMSA 1978, Sections74-9-1 through 74-9-42; [1-30-92; 8-17-94; 11-30-951

B. "active life" means the period of operation beginningwith the initial receipt of solid waste and ending at completionof closure activities in accordance with Subpart V; [1-30-92;8-17-941

C. "active portion" means that part of a facility that hasreceived or is receiving wastes and that has not been closed inaccordance with Subpart V; [1-30-92; 8-17-94]

D. "agricultural" means all methods of production andmanagement of livestock, crops, vegetation and soil includingraising, harvesting and marketing; and the activities of feeding,housing and maintaining animals such as cattle, dairy cows,sheep, goats, hogs, horses and poultry; [1-30-921

E. "alluvial fan" means a low, outspread, relatively flatto gentle sloping mass of loose rock material, shaped like anopen fan or a segment of a cone, deposited by a stream at a placewhere it issu9 ,from a narrow mountain valley upon a plain orbroad valley; 11-30-921

F. "aquifer" means a geologic formation, group offormations, or portions of a formation capable of yielding groundwater to wells or springs. The uppermost aquifer is the aquiferwithin the facility's property boundary nearest the naturalground surface including lower aquifers that are hydraulicallyinterconnected with this aquifer; [5-14-89; 8-17-94]

G. "areas susceptible to mass movement" means those areasof influence (i.e., areas characterized as having an active orsubstantial possibility of mass movement) where the movement ofearth material at, beneath, or adjacent to the landfill unit,because of natural or man-induced events, results in thedownslope transport of soil and rock material by means ofgravitational influence. Areas of mass movement include, but arenot limited to, landslides, avalanches, debris slides and flows,solifluction, block sliding, and rock fall; [8-17-94]

H. asbestos waste":

1. means regulated asbestos containing material (RACM)which contains more than 1 percent asbestos as determined usingthe method specified in Appendix A, Subpart F, 40 CFR part 763Section 1, Polarized Light Microscopy (PLM) and includes:a.- friable asbestos material, that, when dry, canbe crumbled, pulverized, or reduced to powder by hand pressure;

b. Category I nonfriable asbestos containingmaterial (ACM) that has become friable including asbestoscontaining packings, gaskets, resilient floor covering, and

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asphalt roofing products containing more than 1 percent asbestos;

c. Category I nonfriable ACM that will be or hasbeen subjected to sanding, grinding, cutting, or abrading; or

d. Category II nonfriable ACM that has a highprobability of becoming or has become crumbled, pulverized, orreduced to powder by the forces expected to act on the materialin the course of demolition or renovation operations, whichexcludes Category I nonfriable ACM; but

2. does not include nonfriable asbestos containingmaterials that, when dry, cannot be crumbled, pulverized, orreduced to a powder by hand pressure;

(5-14-89; 1-30-92; 8-17-94; 11-30-95]

I. "ash" means the ash that results from the incinerationor transformation of solid waste and includes both fly ash andbottom ash, and ash from the incineration of densified-refuse-derived fuel and refuse-derived fuel, but does not include flyash waste, bottom ash waste, slag waste and flue gas emissioncontrol waste generated primarily from the combustion of coal orother fossil fuels and wastes produced in conjunction with thecombustion of fossil fuels that are necessarily associated withthe production of energy and that traditionally have been andactually are mixed with and are disposed of or treated at thesame time with fly ash, bottom ash, boiler slag or flue gasemission control wastes from coal combustion; [1-30-92; 8-17-94]

J. "Board" means the Environmental Improvement Board;~ [5-14-89]

K. "cell" means a confined area engineered for thedisposal of solid waste; [1-30-92; 8-17-94]

L. "clean fill" means broken concrete, brick, rock, stone,glass, reclaimed asphalt pavement, or uncontaminated soilgenerated from construction and demolition activities.Reinforcement materials which are an integral part, such asrebar, are included. Clean fill must be free of other solid wasteor hazardous waste; [8-17-94]

M. "closed facility" means any solid waste facility thatno longer receives solid waste; and for landfills, those closedin accordance with the regulations in effect at the time ofclosure; [5-14-89; 1-30-92]

N. "commercial hauler" means any person transporting solidwaste for hire by whatever means for the purpose of transfer,processing, storing or disposing of the solid waste in a solidwaste facility, except that the term does not include anindividual transporting solid waste generated on or from hisresidential premises for the purpose of disposing of it in asolid waste facility; [1-30-921

0. "commercial solid waste" means all types of solid wastegenerated by stores, offices, restaurants, warehouses, and othernon-manufacturing activities, excluding residential, householdand industrial wastes; [6-2-74; [6-2-74; 8-17-94]

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Solid Waste Management - 20NMAC9.1 of 170

P. "Commission" means the New Mexico Water Quality ControlCommission; [1-30-92]

Q. "Commission Regulations" means the current regulationsof the New Mexico Water Quality Control Commission, includind20 NMAC 6.1 and 6.2; [5-14-89; 1-30-921

R. "compost" means organic matter produced from solidwaste which has undergone a controlled process of decompositionand pathogen reduction, and has been stabilized to a degree whichis potentially beneficial to plant growth and which is used as a

soil amendment, growing medium amendment or other similar uses;

11-30-92; 8-17-94]

S. "composting" means the process by which biologicaldecomposition of organic solid waste is carried out undercontrolled conditions. The process stabilizes the organicfraction into a material which can be easily and safely stored,handled and used in an environmentally acceptable manner;[1-30-92; 8-17-94]

T. "construction and demolition debris" means materialsgenerally considered to be not water soluble and nonhazardous innature, including, but not limited to, steel, glass, brick,concrete, asphalt roofing materials, pipe, gypsum wallboard andlumber from the construction or destruction of a structureproject, and includes rocks, soil, tree remains, trees and other

vegetative matter that normally results from land clearing. Ifconstruction and demolition debris is mixed with any other typesof solid waste, it loses its classification as construction anddemolition debris. Construction and demolition debris does notinclude asbestos or liquids including but not limited to wastepaints, solvents, sealers, adhesives or potentially hazardousmaterials; [5-14-89; 1-30-92; 8-17-94]

U. "cooperative association" means a refuse disposaldistrict created pursuant to the Refuse Disposal Act, NMSA 1978,

Sections 4-52-1 through 4-52-15, or a sanitation district createdpursuant to the Water and Sanitation District Act, NMSA 1978,Sections 73-21-1 through 73-21-54, a special district createdpursuant to the Special District Procedures Act, NMSA 1978,

Sections 4-53-1 through 4-53-11, a Solid Waste Authority created

pursuant to the Solid Waste Authority Act, NMSA 1978 Sections 74-

10-1 through 74-10-100, or other such association createdpursuant to the Joint Powers Act, NMSA 1978 Sections 11-1-1through 11-1-7; [6-2-74; 5-14-89; 1-30-92; 8-17-941

V. "densified-refuse-derived fuel" means a productresulting from the processing of mixed municipal solid waste in amanner that produces a fuel suitable for combustion in existing

or new solid-fuel-fired boilers; [1-30-92]

W. "Department" means the New Mexico EnvironmentDepartment; [6-2-74; 5-14-89; 1-30-92]

X. "discharge" means disposal, spilling, leaking, pumping,pouring, emitting, emptying, or dumping into water or in a

location and manner where there is a reasonable probability thatthe discharged substance will reach surface or subsurface water;

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Solid Waste Management - 20NMAC9.1

8-17-941

Y. "disease vectors" means any rodents, flies, mosquitos,or other animals and insects, capable of transmitting disease tohumans; [8-17-94] -

Z. "dispose or disposal" means causing, allowing, ormaintaining the abandonment, discharge, deposit, placement,injection, dumping, spilling, or leaking of any solid waste intoor on any land or water; [5-14-89; 1-30-92; 8-17-94]

AA. "drinking water intake" means any intake to a drinkingwater system whether from a ground water well or surface waterimpoundment or stream; [8-17-94]

AB. "fault" means a fracture or a zone of fractures in anymaterial along which strata on one side have been displaced withrespect to that on the other side;

1. "displacement of a fault" means the relativemovement of any two sides measured in any direction;

[8-17-94]

AC. "floodplain" means the lowland and relatively flatareas adjoining inland and coastal waters that are inundated bythe 100 year flood. The 100 year flood has a one percent chanceof recurring in any given year or a flood of magnitude equalledor exceeded once in 100 years on the average over a significantlylong period; [5-14-89; 1-30-92; 8-17-94]

DD. "gasification" means a thermal process for thegeneration of low BTU gas from a solid waste material; [1-30-92;8-17-94]

EE. "geosynthetic" means the generic classification of allsynthetic materials used in geotechnical applications, includingthe following classifications;

1. "geocomposite" means a manufactured material usinggeotextiles, geogrids, geomembranes, or combinations thereof, ina laminated or composite form;

2. "geogrid" means a deformed or non-deformed netlikepolymeric material used to provide reinforcement to soil slopes;

3. "geomembrane" means an essentially impermeablemembrane used as an integral part of an engineered structure orsystem designed to limit the movement of liquid or gas in thesystem;

4. "geonet" means a type of a geogrid that allowsplanar flow of liquids and serves as a drainage system;

5. "geotextile" means any permeable textile used as anintegral part of an engineered structure or system to serve as afilter to prevent the movement of soil fines into drainagesystems, to provide planar flow for drainage, or to serve as acushion to protect geomembranes, or to provide structuralsupport;

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[8-17-941

AP. "ground water" means interstitial water which occurs inthe earth's saturated zone and which is capable of entering awell in sufficient amounts to be utilized as a water supply.Saturated zone is that part of the earth's crust in which allvoids are filled with water; [5-14-89; 8-17-941

AG. "ground water scientist" means a scientist or engineerwho has received a baccalaureate or post graduate degree in thenatural sciences or engineering and has sufficient training andexperience in ground water hydrology and related fields as may bedemonstrated by state registration, professional certificationsor completion of accredited university programs that enable thatindividual to make sound professional judgements regarding groundwater monitoring, contaminant fate and transport, and correctiveaction; [8-17-94]

AH. "hot waste" means any waste which is on fire orsmoldering when delivered to the solid waste facility; [5-14-89;1-30-921

AI. "household waste" means any solid waste includinggarbage and trash, derived from households including single andmultiple residences, hotels and motels, bunkhouses, rangerstations, crew quarters, campgrounds, picnic grounds and day userecreation areas; [8-17-94]

AJ. "incinerator" means an enclosed device usingcontrolled flame combustion, the primary purpose of which is tothermally break down solid waste, including, but not limited to,rotary kiln, fluidized bed, and liquid injection incinerators;5-14-89; 1-30-921

AK. "industrial solid waste" means solid waste generated bymanufacturing or industrial processes that is not hazardous wasteregulated under Subtitle C of RCRA. Such waste may include, butis not limited to, waste resulting from the following processes:Electric power generation; fertilizer/agricultural chemicals;food and related products/by-products; inorganic chemicals; ironand steel manufacturing; leather and leather products; nonferrousmetals manufacturing/foundries; organic chemicals, plastics andresins manufacturing; pulp and paper industry; rubber andmiscellaneous plastic products; stone, glass, clay, and concreteproducts; textile manufacturing; transportation equipment, andwater treatment. This term does not include mining waste or oiland gas waste; [6-2-74; 5-14-89; 1-30-92; 8-17-94]

AL. "infectious waste" means a limited class of substancesthat carry a probable risk of transmitting disease to humans,including but not limited to:

1. microbiological laboratory wastes, includingcultures and stocks of infectious agents from clinical researchand industrial laboratories, and disposable culture dishes anddevices used to transfer, inoculate and mix cultures;

2. pathological wastes, including human or animaltissues, organs and body parts, removed during surgery, autopsy


Solid Waste Management - 20NMAC9. 1 of 170

or biopsy;

3. disposable equipment, instruments, utensils, andother disposable materials which require special precautionsbecause of contamination by highly contagious diseases;4. human blood and blood products, including wasteblood, blood serum, and plasma;

5. used sharps, including used hypodermic needles,syringes, scalpel blades, Pasteur pipettes and broken glass; and

6. contaminated animal carcasses, body parts andbedding, especially those intentionally exposed to pathogens inresearch, in the production of biologicals or the "in vivo"testing of pharmaceuticals;

[5-14-89; 1-30-92]

AM. "landfill" means a solid waste facility that receivessolid waste for disposal and includes the followingclassifications:

1. "municipal landfill" means a discrete area of landor an excavation that receives household waste and that is not aland application unit, surface impoundment, injection well orwaste pile as these terms are defined under 40 CFR 257.2. Amunicipal landfill may also receive other types of RCRA SubtitleD waste such as commercial solid waste, nonhazardous sludge,small quantity generator waste, industrial solid waste,construction and demolition debris and other special wastes asdefined in Section 105.BZ. A municipal landfill may be publiclyor privately owned and may be existing, new or a lateralexpansion;

a. "existing municipal landfill" means onereceiving waste after May 14, 1989, or receiving waste as ofOctober 9, 1993. Waste placement in existing municipal landfillsmust be consistent with past operating practices or modifiedpractices to ensure good management;

b. "new municipal landfill" means one notreceiving waste prior to October 9, 1993;

2. "construction and demolition landfill" means alandfill that receives only construction and demolition debris inquantities equal to or less than 25 tons per day, which isdetermined by dividing the amount of waste received at thefacility for one year by a total operation of 260 days, andlandfills that receive more than 25 tpd of construction anddemolition debris waste are defined as municipal landfills; and

3. "special waste landfill" means a landfill whichreceives solid waste other than household waste. This includes,but is not limited to, commercial wastes or special wastes asdefined in Section 105.BZ. A construction and demolitionlandfill is not a special waste landfill;

[5-14-89; 1-30-92; 8-17-94]

AN. "lateral expansion" means a horizontal expansion of the

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waste boundaries of an existing landfill; [8-17-94]

AO. "leachate" means the liquid that has passed through oremerged from solid waste and contains soluble, suspended, ormiscible materials removed from that solid waste; [5-14-89;1-30-92; 8-17-941

AP. "lift" means an accumulation of solid waste which iscompacted into a cell and over which compacted cover is placed;15-14-89]

AQ. "liner" means a continuous layer constructed of naturalor man-made materials beneath and on the sides of a surfaceimpoundment, landfill, or landfill cell, that restricts thedownward and lateral movement of solid waste, gases or leachate;

[5-14-89; 1-30-921

AR. "liquid waste" means any waste material that isdetermined to contain free liquids, defined by the Paint FilterTest, described in "Test Methods for Evaluating Solid Waste"contained in Section 1101. [8-17-94]

AS. "lithified earth material" means all rock, includingall naturally occurring and naturally formed aggregates or massesof minerals or small particles of older rock that formed bycrystallization of magma or by induration of loose sediments.This does not include man-made materials such as fill, concrete,and asphalt; [8-17-94]

AT. "low level radioactive waste" means radioactive wasteother than:

1. high level waste such as irradiated reactor fuel,liquid waste from reprocessing irradiated reactor fuel, or solidsinto which any such liquid waste has been converted;

2. waste material containing transuranic elements withcontamination levels greater than ten (10) nanocuries per gram ofwaste material;

3. by-product material as defined in Section lie.(2)of the "Atomic Energy Act of 1954" as amended November 8, 1978;or

4. wastes from mining, milling, smelting or similarprocessing of ores and mineral-bearing material primarily fromminerals other than radium;

[8-17-941

AU. "lower explosive limit" means the lowest percent byvolume of a mixture of explosive gases in air that will propagatea flame at 25oC and atmospheric pressure; [8-17-94]

AV. "manure" means a solid waste composed of excreta ofanimals, residual bedding materials, or other materials that havebeen used for sanitary or feeding purposes for such animals;[1-30-921

AN. "maximum contaminant level" (MCL) means, the level

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which has been promulgated under section 1412 of the Safe -Drinking Water Act (40 U.S.C. Section 300f et seq.) under 40 CFR

part 141; [8-17-941

AX. "maximum horizontal acceleration in lithified earthmaterial" means the maximum expected horizontal acceleration asdepicted on a seismic hazard map, with a 90% or greater

probability that the acceleration will not be exceeded in 250years, or the maximum expected horizontal acceleration based on a

site-specific seismic risk assessment; [8-17-94]

AY. "modify" means:

1. with regard to permit conditions, to change termsor conditions, of a permit, registration, or other approvalincluding accepting types of solid waste which were not permitted

or registered (types are residential, commercial, special waste,construction and demolition debris, and industrial processwastes);

2. with regard to the facility, to change pollutioncontrol systems or water or soil or gas monitoring programs fromthose permitted, registered, or otherwise required; to change the

fundamental method of operation from that permitted orregistered; or any lateral or vertical expansion beyond originalboundaries listed in the original permit application orregistration; and

3. "modify" does not include the following:

a. routine maintenance, repair or replacement;

b. an increase in the disposal rate or processrate, if such increase does not exceed the design capacity of thesolid waste facility; or

c. an increase or decrease in the hours ofoperation;

[1-30-92; 8-17-94]

AZ. "mulch" means a protective covering spread and leftupon the ground to reduce evaporation, maintain even soiltemperature, prevent erosion, or control weeds; [1-30-923

BA. "municipality" means any incorporated city, town orvillage, whether incorporated under general act, special act orspecial charter, incorporated counties and class H counties;[1-30-92]

BB. "open burning" means the combustion of solid wastewithout:

1. control of combustion air to maintain adequatetemperature for efficient combustion;

2. containment of the combustion reaction in anenclosed device to provide sufficient residence time and mixingfor complete combustion; and


Solid Waste Management - 2ONMAC9.1

3. control of the emission of the combustion products;

11-30-921

BC. "operator" means the person(s) responsible for theoverall operation of all or any portion of a solid wastefacility; [5-14-89; 1-30-92; 8-17-94]

BD. "owner" means the person(s) who owns the facility or

part of a solid waste facility; [8-17-94]

BE. "person" means any individual, partnership, company,corporation, firm, association, trust, estate, state or federal

agency, government instrumentality or agency, institution,county, city, town, village, or municipal authority, or otherlegal entity however organized; [6-2-74; 5-14-89; 1-30-92]

BP. "petroleum waste" means those liquids and sludges which

are accumulated as a result of exploration or productionactivities regulated under the New Mexico Oil and Gas Act;

[5-14-89; 8-17-94]

BG. "poor foundation conditions" means those areas where

features exist which indicate that a natural or man-induced eventmay result in inadequate foundation support for the structuralcomponents of a landfill; [8-17-94]

BH. "processing" means techniques to change the physical,chemical, or biological character or component of solid waste,but does not include composting or transformation; [5-14-89;1-30-92; 8-17-94]

BE. "putrescible" means organic material subject todecomposition by microorganisms; [1-30-921

BJ. "pyrolysis" means the process whereby solid waste is

thermally decomposed in an oxygen-deficient atmosphere;

[1-30-92; 8-17-94]

BK. "recyclable materials" means materials that wouldotherwise become solid waste if not recycled and that can be

collected, separated or processed and placed in use in the form

of raw materials, products or densified-refuse-derived fuels;

[l-30-92]

BL. "recycling" means any process by which recyclablematerials are collected, separated or processed and reused or

returned to use in the form of raw materials or products;

[6-2-74; 5-14-89; 1-30-921

BM. "reuse" means the return of a commodity into theeconomic stream for use in the same kind of application as before

without change in its identity; [1-30-92]

BN. "run-off" means any rainwater, leachate, or otherliquid that drains over land from any part of a solid waste

facility; [1-30-92; 8-17-94]

BO. "run-on" means any rainwater, leachate, or other liquid

that drains over land onto any part of a solid waste facility;

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[1-30-92; 8-17-94]

BP. "scavenging" means the uncontrolled removal of solidwaste from a solid waste facility; [6-2-74; 5-14-89; 1-30-92]

BQ. "Secretary" means the Secretary of the Department ofEnvironment or her or his designee; [6-2-74; 5-14-89; 1-30-92;8-17-941

BR. "seismic impact zone" means an area with a ten percentor greater probability that the maximum horizontal accelerationin lithified earth material, expressed as a percentage of theearth's gravitational pull, will exceed 0.lOg in 250 years;[8-17-94]

BS. "septage" means the residual wastes and waterperiodically pumped from liquid waste treatment unit or from aholding tank for maintenance purposes; [5-14-89; 1-30-92]BT. "sludge" means any solid, semi-solid, or liquid wasteexcluding treated effluent generated from a municipal,commercial, or industrial waste water treatment plant, watersupply treatment plant, or air pollution control device;[5-14-89; 1-30-92; 8-17-94]

BU. "small transfer station" means a transfer station witha total operational rate of 120 cubic yards or less per day ofsolid waste which does not include separated recyclable material;[8-17-94]

BV. "solid waste" means any garbage, refuse, sludge from awaste treatment plant, water supply treatment plant, or airpollution control facility and other discarded material includingsolid, liquid, semisolid, or contained gaseous material resultingfrom industrial, commercial, mining, and agricultural operationsand from community activities, but does not include:

1. drilling fluids, produced waters and other non-domestic wastes associated with the exploration, development orproduction, transportation, storage, treatment or refinement ofcrude oil, natural gas, carbon dioxide gas or geothermal energy;

2. fly ash waste, bottom ash waste, slag waste andflue gas emission control waste generated primarily from thecombustion of coal or other fossil fuels and wastes produced inconjunction with the combustion of fossil fuels that arenecessarily associated with the production of energy and thattraditionally have been and actually are mixed with and aredisposed of or treated at the same time with fly ash, bottom ash,boiler slag or flue gas emission control wastes from coalcombustion;

3. waste from the extraction, beneficiation andprocessing of ores and minerals, including phosphate rock andoverburden from the mining of uranium ore, coal, copper,molybdenum and other ores and minerals;

4. agricultural waste, including, but not limited to,manures and crop residues returned to the soil as fertilizer orsoil conditioner;



5. cement kiln dust waste;

6. sand and gravel;

7. solid or dissolved material in domestic sewage, orsolid or dissolved materials in irrigation return flows orindustrial discharges that are point sources subject to permitsunder Section 402 of the Federal Water Pollution Control Act, 33U.S.C. Section 1342, or source, special nuclear or by-productmaterial as defined by the Atomic Energy Act of 1954, 42 U.S.C.Section 2011 et seq.;

8. densified-refuse-derived fuel; or

9. any material regulated by Subtitle C or Subtitle I,42 U.S.C. Section 6901 et seq., except petroleum contaminatedsoils, of the federal Resource Conservation and Recovery Act of1976, substances regulated by the Federal Toxic SubstancesControl Act, 7 U.S.C. Section 136 et seq., or low-levelradioactive waste;

[6-2-74; 5-14-89; 1-30-92; 8-17-94]

MW. "solid waste district" means a geographical areadesignated by the Board as a solid waste district under the Act;

[1-30-921

BX. "solid waste facility" means any public or privatesystem, facility, contiguous land and structures, location,improvements on the land, or other appurtenances or methods usedfor processing, transformation, recycling or disposal of solidwaste, including landfill disposal facilities, transfer stations,resource recovery facilities, incinerators and other similarfacilities not specified. Solid waste facility does not include:

1. equipment specifically approved by order of theSecretary to render medical waste generated on site non-infectious;

2. a facility that is permitted pursuant to theprovisions of the Hazardous Waste Act, NMSA 1978, Sections 74-4-1through 74-4-14;

3. a facility fueled by a densified-refuse-derivedfuel as long as that facility accepts no other solid waste;

4. a facility that collects, transfers, or processessource separated household or commercial solid waste forrecycling and has a design capacity of 25 tons or less per day;

5. storage containers with a total on site storagecontainer capacity of 120 cubic yards or less;

6. that portion of a facility that refurbishes or re-sells used clothing, furniture or appliances for reuse;

7. scrap metal or auto salvage operations;

8. a composting facility which occupies less than 5acres, uses only water or an inoculant as an additive and

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Solid Waste Management -- 20NMAC9. 1 of 170

utilizes no more than 50% manure in the final mix, and does notcompost municipal sewage sludge or municipal solid waste,excluding yard waste;

9. manufacturing facilities that use recycled materialin production of a new product;

10. facilities designed and operated to handle lessthan 25 tons per day, by dry weight, of sludge on land, such asland application or land injection;

11. landfarming of petroleum contaminated soils unlesswithin a landfill or composting facility, where "landfarming" isthe remediation of petroleum contaminated soils on the landsurface;

12. any facility or person accepting, stockpiling, orusing clean fill material as long as;

a. the material does not create a public nuisanceor adversely impact the environment;

b. the material is not placed in a watercourse orin any other manner inconsistent with the Water Quality ControlCommission regulation 2-201 "Disposal of Refuse"; and

c. the material used is covered with two feet ofclean earth immediately after deposition or within a reasonabletime as determined by the Secretary;

13. small transfer stations;

[1-30-92; 8-17-941

BY. "source separation" means the setting aside ofrecyclable materials at the point of generation (household orcommercial) by the generator before the materials would otherwisebecome solid waste, but does not include recyclable materialsthat would otherwise become special waste; [1-30-92]

BZ. "special wastes" means the following types of solidwastes that have unique handling, transportation, or disposalrequirements to assure protection of the environment and thepublic health, welfare and safety:

1. treated formerly characteristic hazardous wastes(TFCH);

2. packing house and killing plant offal;

3. asbestos waste;4. ash;

5. infectious waste;

6. sludge, except compost which meets the provisionsof 40 CFR 503;

\ 7. industrial solid waste;


Solid Waste Management - 20NMAC9.1

8. spill of a chemical substance or commercialproduct;

9. dry chemicals, which, when wetted, becomecharacteristically hazardous; and

10. petroleum contaminated soils;

(5-14-89; 1-30-92; 8-17-94]

CA. "stabilized" means, for composting, that the biologicaldecomposition of the wastes has ceased or diminished to a levelsuch that decomposition no longer poses a health or safety hazard

and does not violate any provisions of these or other applicable

regulations; [1-30-92; 8-17-941

CB. "storage" means the accumulation of solid waste for the

purpose of processing or disposal; [5-14-89]

CC. "structural components" means liners, leachate

collection systems, final covers, run-on/run-off systems, and anyother component used in the construction and operation of thelandfill that is necessary for protection of public health,welfare and the environment; [8-17-94]

CD. "transfer" means the handling and storage of solidwaste for reshipment, resale, or disposal, or for waste reductionor resource conservation; [5-14-89; 1-30-92; 8-17-941

CE. "transfer station" means a facility managed forhandling and storage of solid waste in large containers orvehicles for transfer to another facility and includes, but isnot limited to, a "convenience center" which accepts solid wastefrom the general public; [5-14-89; 1-30-92; 8-17-94]

CF. "transformation" means incineration, pyrolysis,distillation, gasification or biological conversion other than

composting; [1-30-92]

CG. "unstable area" means a location that is susceptible tonatural or human-induced events or forces capable of impairingthe integrity of some or all of the landfill structuralcomponents responsible for preventing releases from a landfill.Examples of unstable areas are poor foundation conditions, areassusceptible to mass movements, and Karst terrain areas whereKarst topography, with its characteristic surface andsubterranean features, is developed as a result of dissolution of

limestone, dolomite, or other soluble rock. Characteristicphysiographic features present in Karst terrains include, but arenot limited to, sinkholes, sinking streams, caves, large springs,

and blind valleys; [8-17-94]

CH. "vadose zone" means the geologic profile extending from

the ground surface to the upper surface of the uppermost water-

bearing formation and includes localized areas of saturation such

as parched water and capillary fringe regions; [1-30-92]

CI. "variance" means a waiver from one or more provisionsof this Part on any grounds other than those set forth in NMSA

1978, Section 74-9-32 for an exemption; [1-30-92; 11-30-95]

of 170

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CJ. "waste management unit boundary" means a verticalsurface located at the hydraulically downgradient limit of thelandfill. This vertical surface extends down into the uppermost

aquifer; 18-17-941

CK. "watercourse" means any river, creek, arroyo, canyon,draw, or wash, or any other channel having definite banks, withvisible evidence of continuous or intermittent flow of water;[6-2-74; 5-14-89; 8-17-94]

CL. "water table" means that surface in unconfined groundwater at which the pressure is atmospheric; defined by the levelsat which water stands in wells that penetrate the water just far

enough to hold standing water; 15-14-89]

CM. "well" means a bored, drilled or driven shaft, or a dughole, whose depth is greater than the largest surface dimension

and meets the requirements for monitoring wells in Subpart VIII;[5-14-89; 8-17-94]

CN. "wetlands" means those areas that are inundated orsaturated by surface or ground water at a frequency and durationsufficient to support, and that under normal circumstances dosupport, a prevalence of vegetation typically adapted for life insaturated soil conditions; and [5-14-89]

CO. "yard refuse" means vegetative matter resulting fromlandscaping, land maintenance and land clearing operations.[6-2-74; 5-14-89; 1-30-92; 8-17-94]

106. GENERAL REQUIREMENTS. [5-14-89]

A. All solid waste shall be processed or disposed of bymeans approved by the Secretary and in accordance with Boardregulations including, but not limited to, recycling, composting,transformation, or landfilling. [5-14-89; 1-30-92]

B. Any municipality, with a population greater than 3,000shall provide at least once weekly collection or as often asotherwise necessary to comply with the requirements of this Part.

[6-2-74; 5-14-89; 11-30-95]

C. The state, and each municipality, county, orcooperative association shall provide a means to dispose of solid

waste generated within its respective jurisdiction which has been

approved by the Secretary and complies with this Part. [5-14-89;

1-30-92; 11-30-951

D. The state, municipality, county, or cooperativeassociation may contract with any person for the collection,transportation, recycling, or disposal of solid waste.Contracting for the collection, transportation, recycling, or

disposal of solid waste does not relieve the state, municipality,county or cooperative association of the responsibility for

compliance with this Part. [6-2-74; 5-14-89; 11-30-95]

E. Any person who provides collection shall use vehicleswhich shall have covers or enclosures to prevent the solid wastefrom blowing from the vehicle during collection and

httn://www.mnenv.state.nmn.us/NMEDregs/swb/20nmac9_1 .html 811512005


transportation, and which are cleaned at such times and in suchmanner as to prevent offensive odors and unsightliness, and which

use devices to retain or control free liquids. [6-2-74; 5-14-89;

1-30-921

F. Any person who generates solid waste shall provide

containers for the solid waste except for construction anddemolition debris, yard refuse, and appliances. Storagecontainers shall prevent insect and rodent harborage and be keptcovered and reasonably clean. Outside containers shall also be

leak-proof and shall:

1. if manually handled, have a maximum capacity of 32gallons with safe, usable handles, or shall be bags which are notfilled to an extent that they rupture with normal handling; or

2. if mechanically handled, be compatible withcollection vehicles.

[5-14-89; 1-30-92; 8-17-94]

G. Any person who stores yard refuse or appliances shallstore such wastes in a manner which prevents insect and rodent

harborage and public health hazards. [5-14-89; 1-30-92; 8-17-94]

107. PROHIBITED ACTS. No person shall: [1-30-92; 8-17-94]

A. dispose of any solid waste in this state in a manner

that the person knows or should know will harm the environment orendangers the public health, welfare or safety; [1-30-92;8-17-94]

B. dispose of any solid waste in a place other than asolid waste facility that meets the requirements of this Part;[1-30-92; 8-17-94; 11-30-95]

C. dispose of any solid waste, including special waste, ina solid waste facility when a regulation of the Board or acondition of permit prohibits the disposal of the particular typeof solid waste in that facility; [1-30-92]

D. construct, operate, modify or close a solid waste

facility unless the facility has approval under this Part from

the Department for the described action; [1-30-92; 8-27-94;

11-30-951

E. modify permit conditions or modify a solid wastefacility unless the facility has applied for and receivedpermission from the Secretary for the modification pursuant to20 NMAC 1.4, Permit Procedures - Environment Department;[1-30-92; 11-30-95]

F. dispose of petroleum waste, sludge which does not meet

the analytical criteria of Section 704 of this Part domesticsewage, treated domestic sewage, or septage at any solid wastefacility; [1-30-92; 11-30-95]

G. dispose of hazardous wastes which are subject toregulation under Subtitle C of the Resource Conservation andRecovery Act, 42 USC 6901 et seq, at any solid waste facility,

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unless the facility is permitted for the disposal of hazardouswastes; [1-30-92]

H. dispose of bulk or non-containerized liquid waste atany landfill unless; -

1. the liquid waste is household waste other thanseptic waste; or

2. the container holding liquid waste is a smallcontainer similar in size to that normally found in householdwaste and the container is designed to hold liquids for use otherthan storage, and the waste is household waste;

[1-30-92; 8-17-94]

I. process, recycle, transfer, transform, or dispose ofradioactive waste including low level radioactive waste in a

solid waste facility; however, nothing in this section shallprohibit the storage or disposal of radioactive materials orradioactive waste from a uranium mine or mill pursuant to a

license or other authorization from the United States nuclearregulatory commission or the state; [1-30-92; 8-17-94]

J. dispose of lead-acid batteries, at any landfill orincinerator; [1-30-92]

K. dispose of any infectious waste in a landfill;[8-17-94]

L. dispose of any material regulated under the FederalToxic Substances Control Act, including PCB's as defined in thatAct, except asbestos, in a solid waste facility; [8-17-94]

M. discharge from a solid waste facility to surface orground waters of New Mexico which may violate the New MexicoWater Quality Act, Commission regulations or standards, or theFederal Clean Water Act and Safe Drinking Water Act; [l-30-92;8-17-94]

N. dispose of any solid waste in violation of anyapplicable requirements of the New Mexico Air QualityImplementation Plan promulgated under Section 110 of the FederalClean Air Act; [8-17-94]

0. allow open burning at the solid waste facility;[1-30-92; 6-17-94]

P. dispose or process any solid waste at a new or modifiedsolid waste facility until:

1. a permit has been issued by the Secretary; and

2. the Secretary has either:

a. made an inspection of the solid waste facilityand determined that the site has been developed in accordancewith the application and its permit conditions and in compliancewith the applicable regulations; or

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b. failed to make an inspection of the solid wastefacility within 60 days of written notice of completion ofconstruction.

[1-30-92; 8-17-941

108. EXEMPTIONS. This Part does not apply to: [5-14-89;

1-30-92; 11-30-95]

A. disposal of solid waste by a homeowner, residentiallessee or tenant or agricultural enterprise, on the property sheor he owns, rents or leases, if the waste was generated on thatproperty, and the disposal by the homeowner, residential lesseeor tenant or agricultural enterprise of the solid waste does notharm the environment or endanger the public health, welfare orsafety and does not violate any provision of this Part;[5-14-89; 1-30-92; 8-17-94; 11-30-95]

B. on-site disposal of domestic solid waste generated by aperson residing and occupying that same property only if thatproperty is located in a place where it is not feasible, asdetermined by the Department, to dispose of the solid waste in apermitted solid waste facility and the disposal of the solidwaste does not harm the environment or endanger the public

health, welfare or safety and does not violate any provision of

this Part; or [5-14-89; 1-30-92; 8-17-94; 11-30-951

C. disposal of construction and demolition debris or yardrefuse by a person in possession of property if the material wasgenerated on the property and if the disposal of the solid wastedoes not violate any provision of this Part. [5-14-89; 1-30-92;

8-17-94; 11-30-95]

109. RECORD KEEPING AND ANNUAL REPORTS. [5-14-891

A. Owners and operators of solid waste facilities shall

make and maintain an operating record during the active life of

the facility, for each day that operations, monitoring, closure,or post-closure activity occurs. (5-14-89; 1-30-92; 8-17-941

B. The operating record shall include:

1. type and weight or volume of the solid waste

received;

2. country, if other than the U.S., state, county, and

municipality in which the solid waste originated;

3. commercial haulers of the solid waste;

4. type and weight or volume of special waste

received;

5. description of solid waste or special wastehandling problems or emergency disposal activities;

6. record of deviations from the approved design or

operational plans; and

7. for a transfer station, the origin and destination

hfkn-/IAuuinmF-nv.qtite nmi:R/NMED regs/swb/20nmac9 l.html 8/15/2005


of the solid waste, including the facility name, the county in

which it is located, and the type and weight or volume of solidwaste transported.

[5-14-89; 1-30-92; 8-17-94]

C. Owners or operators of solid waste facilities as

defined in Section 105.BX; and operations requiring registrationunder Section 213 shall submit an annual report to the Secretaryfor each facility or operation, within 45 days from the end ofeach calendar year describing the operations of the past year.The reports shall include the following:

1. the type and weight or volume of solid wastereceived in each month of the reported year from each state,

county, and municipality in which the waste originated;

2. the type and weight or volume of solid waste

received from each commercial hauler that delivered waste to the

facility;

3. for a landfill, a description of the capacity used

in the previous year and the remaining capacity;

4. for a landfill, a description of the acreage used

for disposal, the acreage seeded, the acreage where vegetation is

permanently established and a narrative of the owner's or

operator's progress in implementing the closure plan;

5. the type and weight or volume of special waste

received at the solid waste facility in the previous year;

6. a summary of all monitoring results;

7. written notice to the Secretary if any change in

operation has occurred that will reduce the active life of the

facility by 25% or more;

S. weight or volume of materials recycled during theyear;

9. final disposition of materials not stored or

recycled;

10. amount of leachate generated and treated; and

11. financial data on forms supplied by the Department.

[5-14-89; 1-30-92; 8-17-94]

D. All records, including plans, required by this Part

shall be furnished upon request and made available at allreasonable times for inspection by the Secretary. [1-30-92;

11-30-95]

E. Records of the annual reports for landfills shall be

retained at least throughout the post-closure period, and at

least seven years after closure for all other solid waste

facilities. [1-30-92]

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F. For landfills, any demonstration made to the Secretary

under sections 302.A.12 and 302.A.13 regarding seismic impact

areas and unstable areas shall be kept as part of the facilityoperating record. E8-17-941

110. EXEMPTIONS FOR SMALL MUNICIPAL LMADFILLS. 18-17-94]

A. Owners or operators of new and existing municipal

landfills and lateral expansions that dispose of less than 20

tons of solid waste daily, based on an annual average, are exempt

from the design requirements in Subpart III, provided the owner

or operator demonstrates that:

1. there is no evidence of ground water contaminationfrom the landfill;

2. the community has no practicable waste management

alternative; and

3. the municipal landfill is located in an area thatreceives 25 inches or less annual precipitation.

[8-17-941

B. Municipal landfills that meet the criteria in Section

110.A shall comply with the ground water monitoring requirements

in sections 801 through 810 by October 9, 1995, if the landfill

is new or existing or a lateral expansion located less than two

miles from a drinking water intake; or by October 9, 1996, if the

landfill is existing or a lateral expansion located more than two

miles from a drinking water intake, unless;

1. the Secretary determines that ground watermonitoring is necessary prior to the dates indicated; or

2. the federal Environmental Protection Agencyapproves alternatives to the ground water monitoring criteria

prior to the dates indicated and such alternatives are approved

by the Secretary.

18-17-94]

111. FACILITIES; ENTRY BY DEPARTMENT; AVAILABILITY OW RECORDS TO

DEPARTMENT AND OTHERS. [1-30-92]

A. The Secretary or any authorized representative,employee or agent of the Department may:

1. enter any solid waste facility at any reasonabletime for the purpose of making an inspection or investigation of

solid waste management practices;

2. at any reasonable time, enter, inspect and monitor

any solid waste compaction facilities that compact solid waste

for disposal in a solid waste district different from the

district in which the compaction facility is located;

3. take samples of the waste, soil, air or water and

analyze samples of that waste, soil, air or water in order to

detect the nature and concentration of contaminants, including

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those produced by leaching, natural decomposition, gat productionor hazardous products in the solid waste facility;

4. for the purposes of developing or assisting in thedevelopment of any regulation, conducting any study, takingcorrective action or enforcing the provisions of this Partconduct monitoring or testing of the equipment, contents orsurrounding soils, air, surface water or ground water at a solidwaste facility at any reasonable time; and

5. make reasonable periodic inspections without priornotice at every solid waste facility in order to implementeffectively and enforce the requirements of this Part and may, incoordination with the Secretary of the Highway and TransportationDepartment, conduct at weigh stations, or any other adequate siteor facility, inspections of solid waste in transit.

[1-30-92; 11-30-951

B. Any commercial hauler that disposes of solid waste in asolid waste facility shall allow inspection of his vehicles,transfer stations, collection facilities or any other facilitiesdesigned for the collection or transportation of solid wasteunder the same conditions and circumstances as outlined inSubsection A of this section. [1-30-921

C. The owner or operator may split any samples obtainedduring the activities specified in this section and conduct anindependent analysis. [1-30-92; 8-17-94]

112. - 199. [RESERVED.]

SUBPART IISOLID WASTE FACILITY PERMITS

200. [RESERVED.]

201. PERMIT APPLICATION REQUIREMENTS. [5-14-89; 1-30-92;

8-17-94]

A. A permit is required of:

1. any person seeking to construct, operate, or closea solid waste facility;

2. any person seeking to modify an existing solidwaste facility; and

3. an existing solid waste facility for which theSecretary has requested a permit application.

(8-17-94]

B. Any person seeking a permit shall file an application,which shall:

1. contain all information required by the Act and theapplicable section or sections of this part;



2. comply with any additional requirements of 20 NMAC1.4, Permit Procedures - Environment Department;

3. be accompanied by facility plans and drawingssigned and sealed by a professional engineer registered in NewMexico;

4. comply with the financial assurance requirements asspecified in Subpart IX;

5. provide proof of FAA notification if the facilityis to be located within five (5) miles of an airport;

6. contain a disclosure statement consistent withSection 74-9-21 of the Solid Waste Act and on forms provided bythe Department;

7. demonstrate compliance with the operationalcriteria contained in Subpart IV, and record keeping requirementsin Subpart I;

8. demonstrate compliance with the siting restrictionscontained in Subpart III;

9. consist of one copy of the permit application atthe time of initial submittal, and four final copies when theapplication is deemed complete;

10. contain(s) the following site information:

a. the name and address of the applicant, propertyowner, and solid waste facility owner and operator;

b. legal description and maps of the proposedfacility site, including land use and zoning of the surroundingarea;

c. if exploration holes are drilled to obtaindata, a certification that the holes were plugged or sealed inaccordance with the State Engineer's requirements for plugging orsealing of test holes;

d. a description of the facility's water sourceand its location; and

e. any other applicable information requested bythe Secretary.

11. contain the following operational information:

a. means of controlling and mitigating odors;

b. listing and description of the number, type andsize of equipment to be used at the proposed solid waste facilityfor processing, recovering, recycling, transforming or disposing

of solid wastes;

c. narrative description of the operating plan forthe proposed solid waste facility, including but not limited to,

the origin, expected composition and weight or volume of solid

httn //www nmenv Otste nm iiqfNMFTl repsk/wh/2.Onmac9 1 .html 8/15s/2005


waste that is proposed to be received at the facility, theprocess to be used at the facility, the daily operationalmethodology of the proposed process, the loading rate, theproposed capacity of the facility and the expected life of thefacility;

d. a plan for an alternative waste handling ordisposal system during periods when the proposed solid wastefacility is not in operation, including procedures to be followedin case of equipment breakdown. Procedures may include the useof standby equipment, extension of operating hours andcontractual agreements for diversion of waste to otherfacilities;

e. anticipated start-up date of the facility;

f. operating hours of the proposed facility; and

g. plans for transportation to and from thefacility including:

(1) the size and approximate number ofvehicles that will deliver waste to the facility daily;

(2) the routes that will be used by wastevehicles and the suitability of roads and bridges involved;

(3) measures for controlling litter, dust andnoise caused by traffic;

(4) other impacts of traffic to and from thefacility; and

(5) plans, if any, for diverting solid wastefrom the waste stream.

12. a contingency plan according to Subpart VIII; and

13. any other information required by the Secretary.

[1-30-94; 8-17-94; 11-30-95]

C. Each permit application filed with the Secretary shall

include proof that the applicant has provided notice of thefiling of the application to the public and other affectedindividuals and entities. The notice shall:

1. be provided by certified mail to the owners ofrecord, as shown by the most recent property tax schedule and taxexempt entities of record, of all properties:

a. within one hundred feet of the property onwhich the facility is located or proposed to be located if the

facility is or will be in a Class A or H county or a municipalitywith a population of more than two thousand five hundred (2,500)

persons; or

b. within one-half mile of the property on whichthe facility is located or proposed to be located if the facility

is or will be in a county or municipality other than those

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specified in Subsection a of this section;

2. be provided by certified mail to allmunicipalities, counties, and tribal governments in which thefacility is or will be located and to all municipalities,counties, and tribal governments within a ten mile radius of theproperty on which the facility is proposed to be constructed,operated or closed;

3. be provided to all parties and interestedparticipants of record for a permit modification or renewalpursuant to Section 210 and 212.;

4. be published once in a newspaper of generalcirculation in each county in which the property in which thefacility is proposed to be constructed, operated or closed islocated; this notice shall appear in either the classified orlegal advertisements section of the newspaper and at one otherplace in the newspaper calculated to give the general public themost effective notice and, when appropriate, shall be printed inboth English and Spanish;

5. be posted in at least four publicly accessible andconspicuous places, including the proposed or existing facility

entrance on the property on which the facility is or is proposed

to be located; and

6. include the following:

a. name, address, phone number of applicant and

contact person;

b. the anticipated start up date of the facilityor modification, and hours of operation;

c. a description of the facility, including the

general process, location, size, quantity, rate, and type of

waste to be handled and a description of the modification;

d. the origin of the waste; and

e. a statement that comments should be provided tothe applicant and the Department.

(8-17-94]D. Multiple facilities may be permitted under one solid

waste permit provided each facility meets the applicablerequirements in this Part. [8-17-94; 11-30-951

202. ADDITIONAL PERMIT REQUIREMENTS FOR MUNICIPAL OR SPECIAL

WASTE LANDFILL FACILITIES. [8-17-94]

A. Any person seeking a permit for a municipal or special

waste landfill shall submit the following additional information:

1. a schedule of filling and methods of compaction of

solid waste;

2. types and sources of daily, intermediate and final

cover;

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3. site plans and sections of the facility, drawn toscale, indicating the location of:

a. ground water monitoring wells and landfill gasmonitoring points;

b. materials recovery operations;

C. borrow and fill areas;

d. fire protection equipment;

e. provisions for concealing the site from publicview and reducing noise;

f. surface drainage;

g. water supply;

h. buildings, roads, utilities, storage ponds,

fences and other site improvements;

i. the location of electric power transmission anddistribution lines, pipelines, railroads, water, gas, oil wells,and public and private roads within 300 feet of the facility; and

j. the location of all-weather access roads to andwithin the landfill, including slopes, grades, length, loadlimits and points of entrance and exit;

4. a topographic map of the site at a scale of 1"=200feet, with a contour interval of 2 feet or less where relief isless than 50 feet; and 5 feet or less where relief exceeds 50feet, with property boundaries of the landfill indicated;5. the most recent full size U.S. Geological Surveytopographic map of the area, showing the waste facility boundary

and existing utilities and structures within 500 feet from the

boundary of the facility site;

6. if available, the most recent U.S. GeologicalSurvey, Army Corps of Engineers or Federal InsuranceAdministration 100-year frequency floodplain map. If notavailable, the applicant shall otherwise demonstrate the site isnot located in a 100-year frequency floodplain;

7. a description of site geology and hydrologyincluding:

a. characterization of the uppermost aquiferincluding depth, flow direction, gradient and velocity;

b. characterization of the geology including theresults of a boring plan previously approved by the Secretaryplus:

(1) a site plan showing the location, surfaceelevation and total depth of each boring (all borings shall be toa depth of at least 100 feet below the base of the deepestproposed fill area, or to ground water, whichever is encountered



first);

(2) a columnar section of each boring, drawnto a scale of l"=10' graphically depicting the soil and/or rockstrata penetrated and describing each layer;

(a) if soil: color, degree of compaction,moisture content plus any additional information necessary for anadequate description and classification of each stratum based onthe Unified Soils Classification System; and

(b) if rock: a detailed lithologicdescription, including rock type, degree of induration, presenceof fractures, fissility, and porosity (including vugs) plus any

other information necessary for an adequate description;

(3) if ground water was encountered, theinitial depth it was encountered shall be indicated on thecolumnar section. Borings may be converted into piezometers orground water monitoring wells, provided:

(a) care is taken not to introducecontamination into the piezometers; and

(b) ground water monitoring wells areconstructed in accordance with Section 802.8. a demonstration that surface water from thelandfill will not discharge contaminants in violation of the NewMexico Water Quality Act, Commission regulations or standards,or the Federal Clean Water Act, including an analysis of surfacewater flow and control systems including, but not limited to,water diversion, collection, conveyance, erosion andsedimentation control, treatment, storage and dischargefacilities to be used;

9. closure and post-closure plans as described inSubpart V of this Part;

10. plans and specifications for ground watermonitoring systems in accordance with Subpart VIII;

11. plans and specifications for liner and leachatecollection systems shall be in accordance with Subpart III;

12. plans and specifications for landfill gasmonitoring and management programs in accordance withSubpart III; and

13. any other information requested by the Secretary.(8-17-94; 11-30-9561

203. ADDITIONAL PERMIT REQUIREMENTS FOR CONSTRUCTION ANDDEMOLITION LANDFILLS. [8-17-94]

A. Construction and demolition landfills shall submit the

following additional information:

1. a site plan of the proposed facility, drawn toscale, indicating the location of:

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a. storage, loading and unloading areas;

b. fencing and gates;

c. entrances, exits and access roads;

d. location of buildings within 500 feet of thefacility; and

e. public water supply wells and private wellswithin 1000 feet of the facility.

2. frequency of construction and demolition debrisdeposit and collection for reuse from the facility, method of

transport and destination.

[8-17-941

B. Construction and demolition debris landfills shall alsoprovide information showing that the facility meets the sitingrestrictions of Section 303. [8-17-94]

C. Any other information requested by the Secretary.[8-17-941

204. ADDITIONAL PERMIT REQUIREMENTS FOR RECYCLING AND PROCESSING

FACILITIES EXCEPT COMPOSTING FACILITIES. Any person seeking apermit for recycling and processing facilities shall submit thefollowing additional information: [1-30-92; 8-17-943

A. a description of the survey and analysis process used

to determine the characteristics of all solid waste expected tobe processed; [1-30-921

B. plans and elevations, to scale, of all structures usedfor processing, storage, alternate storage, and disposalcapability; [1-30-92; 8-17-94]

C. a process description of the sampling capability andlocations designed into the facility so the process stream can besafely sampled and analyzed; [1-30-92; 8-17-94]

D. a description of the methods to be employed for thecontainment or removal of residues and spills in a manner thatprotects the public health, welfare, safety and the environment;

[1-30-92; 8-17-94]

E. an operation and maintenance manual which shall addressall of the operating requirements; and [1-30-92; 8-17-94]

F. any other information requested by the Secretary.[8-17-941

205. ADDITIONAL PERMIT REQUIREMENTS FOR TRANSFORMATION

FACILITIES. [1-30-92; 8-17-941

A. Any person seeking a permit for transformationfacilities shall submit the following additional information:

1. the composition of the waste to be received at the



facility;

2. the method to be used to convert the waste into afeedstock for the transformation process including materialseparation and recovery systems;

3. if the transformation process is other thanbiological, a characterization of the feedstock used as thedesign basis of the facility shall be included showing:

a. composition by material type; and

b. physical and chemical properties, includingmoisture content, ash content, and higher heating value.

4. if the transformation is by means of a biologicalprocess, a characterization of the feedstock used as the designbasis of the facility shall be included showing:

a. composition by material type;

b. physical and chemical properties, including:moisture content; and percent organic and inorganic matter.

c. process efficiency as measured by conversion ofvolatile solids; and

d. end products or residue;

5. the proposed location and method for disposal,storage or processing of, liquid or solid residues produced byoperation of the facility;

6. the process for separation, storage and ultimatedisposal of unmarketable waste generated by the process,including the temporary storage of bulky wastes;

7. the minimum and maximum volumes of the types ofmaterial or solid waste to be stored prior to sale, reuse ordisposal, and the minimum and maximum time that material or wasteis to be stored;

8. plans, drawings and specifications including:

a. site plans, elevations, and equipment generalarrangements;

b. the most recent full size U.S. GeologicalSurvey topographic map of the area, showing the waste facilityboundary, the property boundary, the existing utilities andstructures within 500 feet from the boundary of the facilitysite;

c. the location of electric power transmission anddistribution lines, pipelines, railroads and public and privateroads within 300 feet of the proposed facility;

d. the transformation unit, with feed area andresidue removal;



e. all conveyors, ramps and other devices employedto move material throughout the facility;

f. control room and equipment;

g. pollution control equipment; and

h. an operation and maintenance manual thatincludes:

(1) current policies and procedures;

(2) the operating requirements for the variousstages of transformation; and

(3) all information that would enablesupervisory and operating personnel, and persons evaluating theoperation of the facility, to determine the sequence ofoperation, plans, diagrams, policies, procedures and legalrequirements which must be followed for orderly and successfuloperation on a daily and ongoing basis;

9. a description of the facility operation whichincludes:

a. a sequential description of the majorcomponents used for the treatment of the solid waste startingfrom its delivery at the facility and continuing through theresidue and ash residue treatment and loading operations;

b. procedures for facility start-up, scheduled andunscheduled shut downs;

c. a description of potential safety hazards andmethods of control including, but not limited to, arrangements todetect explosion potential and equipment installed to minimizethe impact of explosion; and

d. a description of personnel safety equipment andprotective gear including, but not limited to, showers, eye wash,fire extinguishers, hoses, hard hats, safety goggles, hearingprotection, and proposed personnel hygiene facilities.

10. an operations plan including all plant systemscomplete with process flow and instrumentationdiagrams and heat and material balances;

11. an identification of the ultimate disposition ofthe residue or end products of the facility such as a landfill ormarket; and

12. any other information requested by the Secretary.

[1-30-92; 8-17-94]

B. The design and operation of the transformation facilityshall conform to all applicable codes and standards including butnot limited to ASTM, ANSI, ASME, ACI and UBC, most recentedition, as well as the building code requirements in the city,county, or municipality in which the facility is to be located.

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[8-17-94]

C. Within thirty days of permit issuance and prior tocommencement of detailed design work, the applicant shall submitto the Department a comprehensive project schedule in the form ofa bar-chart, PERT or critical path network. The schedule shallindicate each major design, procurement, construction, and start-up activity in a properly sequenced and coordinated fashion.Progress reports shall be submitted at least once a monthindicating major activities accomplished and percentage of workcompleted. 18-17-94]

206. ADDITIONAL PERMIT REQUIREMENTS FOR SOLID WASTE FACILITIESTHAT ACCEPT SPECIAL WASTE. Any person seeking a permit to accept

special waste at a solid waste facility shall submit thefollowing additional information: [1-30-92; 8-17-94]

A. a complete description of the types of wastes to beaccepted; [1-30-921

B. the anticipated amount and frequency of disposal of thewastes; [1-30-92]

C. the method of disposal; [1-30-92]

D. a copy of the disposal management plan for thosespecial wastes not otherwise specified with any special disposalrequirements as required by Subpart VII; [1-30-92; 8-17-94;11-30-951

E. emergency and mitigation measures in case of a spill orleak; and [1-30-92]

F. any other information requested by the Secretary.[1-30-92; 8-17-94]

207. ADDITIONAL PERMIT REQUIREMENTS FOR COMPOSTING FACILITIES.Any person seeking a permit for composting facilities shallsubmit the following additional information: [1-30-92; 8-17-94]

A. the composition of the waste to be received at thefacility; [8-17-94]

B. the method to be used to convert the waste into afeedstock for the composting process including materialseparation and recovery systems; [8-17-941

C. a characterization of the feedstock used as the designbasis of the facility shall be included showing:

1. composition by material type;

2. physical and chemical properties including:

a. moisture content;

b. percent organic and inorganic matter; and

3. process efficiency as measured by conversion of

volatile solids;

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E[8-17-941

D. a description of the composting process to be used

including:

1. the method of measuring, shredding, mixing, and

proportioning input materials;

2. a description of the temperature monitoringequipment and the location of all temperature and any other typeof monitoring points, and the frequency of monitoring;

3. a description of any proposed additive material,including its quantity, quality, and frequency of use;

4. special precautions or procedures for operationduring wind, heavy rain, snow and freezing conditions;

5. estimated composting time duration, which is thetime period from initiation of the composting process tocompletion;

6. for windrow systems, the windrow construction,including width, length, and height;

7. the method of aeration, including turning frequencyor mechanical aeration equipment and aeration capacity; and

8. for in-vessel composting systems, a process flowdiagram of the entire process, including all major equipment andflow streams;

[1-30-92; 6-17-94]

E. a general description of the ultimate use for thefinished compost and method for removal from the site and a planfor the disposal of the finished compost that cannot be used inthe expected manner due to poor quality or change in marketconditions; and [1-30-92]

F. any other information requested by the Secretary.[8-17-94]

208. ADDITIONAL PERMIT REQUIREMENTS FOR TRANSFER STATIONS. Anyperson seeking a permit for a transfer station shall submit thefollowing additional information: [1-30-92; 9-17-94]

A. a site plan of the proposed facility, drawn to scale,indicating the location of:

1. storage, loading and unloading areas;

2. fencing and gates;

3. entrances, exits, and access roads; and

4. locations of buildings within 100 feet of the

facility;

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[1-30-92; 8-17-941

B. the collection, treatment, or disposal of waste waterfrom the facility; [1-30-92; 8-17-94]

C. the frequency of solid waste deposit and pick-up fromthe facility, method of transport, and destination; [1-30-92]

D. specific operational procedures including trafficpatterns, unloading time, and practical capacity of the facilityto demonstrate the facility is capable of handling the projectedwaste stream; and [8-17-94]

E. any other information requested by the Secretary.[8-17-94]

209. PERMIT, MODIFICATION, AND RENEWAL APPLICATION FEES. Thefollowing shall apply to all permit applications, modificationsor permit renewal requests: [1-30-92]

A. Fees shall be paid by the applicant at the time ofapplication and shall be in accordance with the table listed inSection 1108. [1-30-92; 8-17-94; 11-30-95]

B. Fees for modifications and renewals shall be half ofthe stated fee schedule. [1-30-921

C. Fees shall be paid by certified check or money order,payable to the Department. [1-30-92]

D. Fees shall not exceed ten thousand dollars ($10,000)per application. [1-30-92]

210. PERMIT OR FACILITY MODIFICATION. [5-14-89; 1-30-92]

A. Any owner or operator of a solid waste facility whoseeks to modify such facility or permit conditions as defined inthis Part shall obtain a permit from the Secretary prior tomaking any modifications. The modification shall not extend theinitial term of the permit. [5-14-89; 1-30-92; 8-17-94;11-30-95]

B. An application for a modification shall demonstratecompliance with the portions of this Part affected by such amodification. [8-17-94; 11-30-95]

C. The Secretary may also require that the owner oroperator modify permit conditions or modify the facility, if:

1. there have been changes that occurred after permitissuance which justify the application of permit conditions thatare different from or absent in the existing permit;

2. the Secretary has received information that was notavailable at the time of permit issuance and would have justifiedthe application of different permit conditions at the time ofissuance;

3. the standards or regulations on which the permitwas based have changed by statute, through promulgation of new or

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amended standards or regulations, or by judicial decision afterthe permit was issued;

4. the Secretary determines good cause exists formodification such as an act of God, strike, flood, or materialsshortage or other events over which the permittee has little orno control and for which there is no reasonably available remedy.

[1-30-92; 11-30-95]

D. All modifications, whether initiated by the owner oroperator or by the Secretary, shall be subject to 20 NMAC 1.4,Permit Procedures - Environment Department. [1-30-92; 11-30-95]

211. PERMIT TRANSFER. Permits for the operation of a solidwaste facility shall be transferable under the followingconditions: [5-14-89; 1-30-92]

A. No later than 30 days prior to a change in thedesignation of the permittee or permit applicant, the sale of apartner's interest in a partnership, the transfer of title to theland, whether or not the permittee is the landowner, or change inthe controlling interest of a partnership or corporation who is apermit holder or applicant, the permittee or applicant of recordand the person now having the controlling interest shall file anapplication with the Secretary for transfer of the permit orpermit application. [5-14-89; 8-17-94]

B. All financial responsibility, disclosure statement,public notice, and hearing requirements shall be met by theproposed transferee. [1-30-921

C. Failure to initiate a transfer or failure to givecomplete information or the submission of false information inthe application shall constitute grounds for denial of thetransfer. [8-17-94]

D. Financial responsibility shall be maintained by thepermit holder or applicant until the transferee establishesfinancial assurance. 11-30-92; 8-17-94]

E. An application for permit transfer may be denied if theSecretary finds that the applicant has:

1. knowingly misrepresented a material fact in thetransfer application;

2. refused to disclose or failed to disclose theinformation required under the provisions of the Act;

3. been convicted of a felony or other crime involvingmoral turpitude within ten years immediately preceding the dateof the submission of the transfer application;

4. been convicted of a felony within ten yearsimmediately preceding the date of the submission of the transferapplication, in any court for any crime defined by state orfederal statutes as involving or being the restraint of trade,price fixing, bribery or fraud;

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5. exhibited a history of willful disregard forenvironmental laws of any state or the United States; or

6. had any permit revoked or permanently suspended forcause under environmental laws of any state or the United States.

[5-14-89; 1-30-92; 8-17-94; 11-30-95]

212. PERMIT ISSUANCE; PERIOD; EXPIRATION; REVIEW; RENEWAL;REVOCATION OR SUSPENSION. [5-14-89; 1-30-92; 8-17-94]

A. A permit issued for a publicly owned and publiclyoperated new or repermitted existing solid waste facility shallbe for the active life of the facility as described in theapproved permit or for twenty (20) years, whichever is less.[5-14-89; 1-30-92; 8-17-94]

B. A permit issued for a publicly owned solid wastefacility that is privately operated pursuant to a contract of no

more than four years duration entered into in accordance with thestate or local procurement code shall be for the active life ofthe facility as described in the approved permit or for twenty(20) years, whichever is less. [8-17-94]

C. A permit issued under subsections A and B of thisSection shall be reviewed by the Secretary at least once everyten years. [8-17-94]

D. A permit issued for a privately owned new orrepermitted existing solid waste facility shall be for ten years,or for the active life of the facility, whichever is less.[8-17-94]

E. A permit issued for a publicly owned solid wastefacility that is leased to a private person, or that is operatedby a private person pursuant to a contract of more than fouryears duration, shall be for ten years, or for the active life ofthe facility, whichever is less. [8-17-94]

F. A permit issued under subsections D and E of thissection shall be reviewed by the Secretary at least every five

years. [8-17-94]

G. Interested parties may petition the Secretary forreview of permits issued under subsections D and E in addition to

the five year review. The Secretary shall determine whether there

is good cause for such an additional review. [8-17-94]

H. The terms and conditions of the permit or modificationshall be specifically identified by the Department. [1-30-92]

I. Any terms or conditions of the permit shall beenforceable to the same extent as a regulation of the Board.[5-14-89]

J. The Secretary shall issue a permit if the applicantdemonstrates that the other requirements of this Part are met andthe solid waste facility application demonstrates that neither a

hazard to public health, welfare or the environment nor unduerisk to property will result. [8-17-94; 11-30-95]

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K. The existence of a permit issued under this Part shallnot constitute a defense to a violation of this Part. [8-17-94;

11-30-95]

L. The Secretary, within one-hundred-eighty (180) daysafter the application is deemed complete, and after a publichearing, shall issue a permit, issue a permit with terms andconditions, or deny a permit application. The Secretary may deny

a permit application on the basis of information in theapplication or evidence presented at the hearing, or both, if she

or he makes a finding that granting the permit would be in

violation of this Part. She or he shall also deny a permit

application if the applicant fails to meet the financial

responsibility requirements. [1-30-92; 8-17-94; 11-30-95]

M. The Secretary may deny any permit application or revoke

any permit if she or he has reasonable cause to believe that any

person required to be listed on the application has:

1. knowingly misrepresented a material fact in

application for a permit;

2. refused to disclose or failed to disclose theinformation required under the provisions of the Act;

3. been convicted of a felony or other crime involving

moral turpitude within ten years immediately preceding the dateof the submission of the permit application;

4. been convicted of a felony within ten yearsimmediately preceding the date of submission of the permitapplication, in any court for any crime defined by the state or

federal statues as involving or being restraint of trade, price-

fixing, bribery, or fraud;5. exhibited a history of willful disregard for the

environmental laws of any state or the United States; or

6. had any permit revoked or permanently suspended forcause under the environmental laws of any state or the United

States.

5-14-89; 1-30-92; 8-17-94; 11-30-95]

N. If any applicant whose permit is being considered for

denial or revocation on any basis provided in this section has

submitted an affirmative action plan that has been approved in

writing by the Secretary and plan approval includes a period of

operation under a conditional permit and that will allow the

applicant a reasonable opportunity to affirmatively demonstrate

his rehabilitation, the Secretary may issue a conditional permit

for a reasonable period of time of operation. In approving an

affirmative action plan intended to affirmatively demonstrate

rehabilitation, the Secretary may consider the following factors:

1. implementation by the applicant of formal policies;

2. training programs and management control to

minimize and prevent the occurrence of future violations;

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3. installation by the applicant of internalenvironmental auditing programs;

4. the discharge of individuals convicted of anycrimes set forth in Subsection H of this section; and

5. such other factors as the Secretary may deemrelevant.

[1-30-92; 8-17-94]

0. Within 60 days of receipt of request for additionalinformation to any permit, the owner or operator shall submitinformation requested by the Secretary, or the Secretary may denyany permit application or revoke any permit without prejudice.[1-30-92]

P. The following are causes for denying a permitapplication or revoking a permit during its term:

1. noncompliance by the permittee with any conditionof the permit or this Part;

2. the permittee's failure in the application orduring the permit issuance process to disclose fully all relevantfacts, or the permittee's misrepresentation of any relevant factsat any time;

3. a determination that the permitted activityendangers public health, welfare or the environment;

4. the applicant's failure to demonstrate a knowledgeand ability to operate a facility in accordance with this Part ora history of non-compliance with environmental regulations orstatutes at other facilities;

5. modification of a facility without the approval ofthe Secretary, or failure to obtain the approval for transfer ofthe permit in accordance with Section 211.

[1-30-92; 11-30-95]

Q. A permit review shall address:

1. the operation;

2. compliance history;

3. environmental monitoring results, releases, and anyremediation;

4. changes in information from the disclosure forms;

5. any other technical requirements requested by theSecretary;

6. financial assurance; and

7. any convictions regarding any-other state orfederal environmental laws since issuance of the permit.

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[8-17-941

R. At the time of review a public notice shall bedistributed as in accordance with NMSA 1978, Section 74-9-22 ofthe Solid Waste Act. 18-17-94]

S. If the Secretary determines there is significant publicinterest, a non-adjudicatory hearing shall be held as part of thereview. [8-17-94]

T. For purposes of permit renewal a timely application isone that is initially submitted 12 months prior to the expirationdate. A permit renewal application shall address:

1. the operation;

2. compliance history;

3. environmental monitoring results, releases, and anyremediation;

4. changes in information from the disclosure forms;

5. any other technical requirements requested by theSecretary;

6. financial assurance;

7. any convictions regarding any other state orfederal environmental laws since issuance of the permit; and

8. compliance demonstrations under Section 302.B.

[8-17-94]

U. At the time of application for renewal a public noticeshall be distributed as in accordance with NMSA 1978, Section74-9-22 of the Solid Waste Act. [8-17-94; 11-30-951

V. An adjudicatory hearing shall be held as part of therenewal procedure. [8-17-94]

W. An applicant for permit renewal may continue to operateuntil the renewal application permit is issued or denied providedthat:

1. the applicant is in compliance with the existingpermit, this Part, including Section 302.B and any federalregulations which apply;

2. the permit renewal application was submitted in atimely fashion in accordance with this section; and

3. the applicant adequately submits any requestedadditional information by the deadline(s) specified by theSecretary.

[8-17-94; 11-30-95]



X. The permit shall automatically expire:

1. upon final closure of the facility; or

2. upon suspension of operation for more than oneyear;

[1-30-92; 8-17-941

Y. A permit may be revoked or suspended for violation ofany applicable provision of this Part in accordance with theprocedures set forth in 20 NMAC 1.5, Adjudicatory Procedures -

Environment Department. Construction, modification and interimoperation, if any, shall cease upon the effective date of the

revocation or suspension. [1-30-92; 8-17-94; 11-30-95]

Z. No permit for the operation of a solid waste facilityshall be valid until the permit, or a notice of a permit, and alegal description of the property on which the facility islocated are filed and recorded in the office of the county clerkin each county in which the facility is located. [1-30-921

213. REGISTRATION OF OPERATIONS WHICH ARE NOT DEFINED AS SOLIDWASTE FACILITIES. [8-17-94]

A. The owner or operator of a facility that meets anyexemption under Section 105.BX and that serves the general publicshall register with the Department.

1. the owner or operator of a small transfer stationshall:

a. for a new operation, register prior to anyconstruction or operations;

b. for existing operations register by January 31,

1995; and

c. registration shall not be required forindividual storage containers that either serve a commercial orindustrial establishment, an apartment complex, a hospital orthose set up as up as part of a regular collection program.

2. owners or operators of facilities that collect,transfer, or process source separated household or commercialsolid waste for recycling and have a design capacity of less than25 tpd shall register with the Department according to thefollowing schedule:

a. for new recycling facilities register prior to

any site development or operations; or

b. for existing recycling facilities register byJanuary 31, 1995.

[8-17-94]

B. Any owner or operator who seeks to register with the

Department shall provide the following information:

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1. the name, address, phone number of the applicantand contact person;

2. the anticipated start up date and hours ofoperation;

3. legal description and map of the proposed facilitysite, including land use and zoning of the surrounding area;

4. means of controlling and mitigating odors;

5. when applicable, listing and description of thenumber, type and size of equipment to be used at the facility forprocessing, recovering, recycling, transforming or disposing ofsolid waste;

6. narrative description of the operating plan for theproposed facility, including but not limited to, the origin,expected composition and weight or volume of solid waste orrecyclable materials that is proposed to be received at the

facility, the process, the loading rate, the proposed capacity ofthe facility and the expected life of the facility; and

7. a plan for an alternative waste handling ordisposal system during periods when the proposed facility is notin operation, including procedures to be followed in case ofequipment breakdown. Procedures may include the use of standbyequipment, extension of operating hours and contractualagreements for diversion of waste to other facilities.

8-17-941

214. REGISTRATION OF COMMERCIAL HAULERS. [8-17-94]

A. Commercial haulers of solid waste shall register withthe Department by December 31, 1994, or 30 days prior to

operations, and shall submit the following information:

1. the name, address, phone number of the applicantand contact person;

2. the anticipated start up date, hours of operation,and days of collection;3. a list of types of storage containers required forresidences, commercial, institutional and industrialestablishments to be served;

4. location of vehicle maintenance yard;

5. certification of proper licensing for both thedrivers and vehicles;

6. means of controlling and mitigating odors;

7. the transport distance from the nearest andfarthest points of collection to the solid waste facility;

8. any transport transfer requirements;

9. location of transfer station(s) to be used, if any;

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10. the name and location of each and any solid wastefacility to be used; and

11. an outline of proposed training for drivers andcrew to be able to differentiate between hazardous waste, specialwaste and solid waste.

[8-17-941

B. All special waste haulers shall register with theDepartment on a form provided by the Department, submit adescription of the exact locations of the collection, transfer,and permit number(s) of solid waste facilities used, submit acontingency plan to the Secretary, and carry a copy of the planin each vehicle along with the appropriate clean-up kits.[8-17-94]

215. - 299. [RESERVED.]

SUBPART IIIMAXIMUM SIZE; SITING CRITERIA; DESIGN CRITERIA

300. [RESERVED.]

301. MAXIMUM SIZE. The Secretary shall not issue a permit for

any solid waste facility larger than five hundred acres.[1-30-92]

302. SITING CRITERIA FOR MUNICIPAL OR SPECIAL WASTE LANDFILLS.[1-30-92; 8-17-94]

A. No municipal or special waste landfill shall be locatedin the following areas:1. floodplains, within 500 feet of wetlands, or 200feet of a watercourse;

2. where depth to seasonal high water table will becloser than 100 feet to the bottom of the fill;

3. where subsurface mines registered with the NewMexico Department of Energy, Minerals and Natural Resources as

listed on the Mines, Mills and Quarries Map are considered to be

a problem;

4. within 200 feet of a fault that has had adisplacement within Holocene time (i.e., the past 11,000 years),

unless the owner or operator demonstrates to the Secretary thatan alternative setback of less than 200 feet will prevent damageto the structural integrity of the facility and will beprotective of public health, welfare and the environment;

5. within historically or archaeologically significantsites, unless in compliance with the Cultural Properties Act,

NMHA 1978, Sections 18-6-1 to 18-6-23 and the Prehistoric and

Historic Sites Preservation Act, NMSA 1978, Sections 18-8-1 to

18-8-8;

6. within 1,000 feet of a public water supply well or



private well that pumps 100 gallons per minute or more;-

7. within 350 feet of a public water supply well orprivate well that pumps less than 100 gallons per minute;

8. within the distance to airports set by the FederalAviation Administration requirements;

9. within at least 50 feet from the propertyboundaries and at least 500 feet from the nearest permanentresidence, school, hospital, institution or church in existenceat the time of initial application;

10. in an active alluvial fan, i.e., those beingcurrently aggraded by either permanent or intermittent streams;

11. within areas that will result in the destruction oradverse modification of the critical habitat of endangered orthreatened species as identified in either 50 CFR Part 17 or thelatest version of the Handbook of Species Endangered in NewMexico;12. within seismic impact zones, unless the owner oroperator demonstrates that all containment structures, includingliners, leachate collection systems, and surface water controlsystems, are designed to resist the maximum horizontalacceleration in lithified earth material for the site; or

13. within an unstable area unless the owner oroperator demonstrates that engineering measures have beenincorporated into the municipal or special waste landfill designto ensure that the integrity of the structural components of the

'~ municipal or special waste landfill will not be disrupted.

[1-30-92; 8-17-94; 11-30-95]

B. Existing landfills that cannot make the demonstrationspecified in 302.A.1 pertaining to floodplains or 302.A.8pertaining to airports, or 302.A.13, pertaining to unstableareas, shall close by October 9, 1996 in accordance with theclosure and post-closure provisions in Subpart V.

1. the deadline for closure required by paragraph (B)of this section may be extended up to two years if the owner oroperator demonstrates to the Secretary that:

a. there is no available alternative disposalcapacity; and

b. there is no immediate threat to public health,welfare and the environment.

[1-30-92; 8-17-94]

C. The provisions of Subsection 302.A.1 pertaining towatercourses and Subsection 302.A (2, 3, 5, 6, 7, 9, 10, 11)shall not apply to any existing landfill until the time theSecretary requests a permit application. [8-17-94]

303. SITING CRITERIA FOR CONSTRUCTION AND DEMOLITION LANDFILLS.[8-17-94]

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A. No construction or demolition landfill shall be locatedin the following areas:

1. in floodplains, within 500 feet of wetlands, or 200feet of a watercourse;

2. where depth to seasonal high water table will becloser than 50 feet to the bottom of the fill;

3. within historically or archaeologically significantsites, unless in compliance with the Cultural Properties Act,NMSA 1978, Sections 18-6-1 to 18-6-23, and the Prehistoric andHistoric Sites Preservation Act, NMSA 1978, Sections 18-8-1 to18-8-8;

4. within the distance set by FAA requirements;

5. within 1,000 feet of a public water supply well orprivate well that pumps 100 gallons a minute or more;

6. within 350 feet of a public water supply well orprivate well that pumps less than 100 gallons per minute; or

7. within areas that will result in the destruction oradverse modification of the critical habitat of endangered orthreatened species as identified in either 50 CFR Part 17 or thelatest version of the Handbook of Species Endangered in NewMexico.

(8-17-94; 11-30-95]

304. SITING CRITERIA FOR COMPOSTING FACILITIES. [1-30-92]

A. No composting facility shall be located in thefollowing areas:

1. floodplains, within 500 feet of wetlands, or 200feet of a watercourse; or

2. within 500 feet of any permanent residence, school,hospital, institution or church in existence at the time thepermit application for the composting facility is filed.

(1-30-92]

305. SITING CRITERIA FOR TRANSFORMATION FACILITIES. [1-30-92]

A. No transformation facility shall be located in thefollowing areas:

1. a floodplain, or within 500 feet of wetlands or 200feet of a watercourse;

2. where subsurface mines registered with the NewMexico Department of Energy, Minerals and Natural Resources aslisted on the Mines, Mills and Quarries Map are considered to bea problem;

3. within historically or archaeologically significant

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Solid Waste Management -- 20NMAC9. 1 rage,4 so i iu

sites, unless in compliance with the Cultural Properties Act,NMSA 1978, Sections 18-6-1 to 18-6-23 and the Prehistoric and

Historic Sites Preservation Act, NMSA 1978, Sections 18-8-1 to

18-8-8;

4. within at least 150 feet from the facility propertyboundaries; and

5. within an unstable area unless the owner oroperator demonstrates that engineering measures have beenincorporated into the facility design to ensure that theintegrity of the structural components of the unit will not be

disrupted.

[8-17-94; 11-30-95J

B. No infectious waste incinerators having a throughputcapacity of less than 1,000 pounds per hour and no othertransformation facility of equivalent size shall be locatedwithin one mile of any residence, institution, school, church,hospital or other transformation facility in existence at thetime the permit application is filed. [1-30-92]

C. No infectious waste incinerators having a throughputcapacity of 1,000 pounds per hour or greater and no othertransformation facilities shall be located within three miles ofany residence, institution, school, church, hospital or othertransformation facility in existence at the time the permitapplication is filed. [1-30-92]

306. DESIGN CRITERIA FOR MUNICIPAL OR SPECIAL WASTE LANDFILLS.[8-17-94]

A. All new municipal or special waste landfills andlateral expansions to existing landfills shall provide aprotective layer beneath the solid waste which is constructed:

1. with a composite liner consisting of twocomponents;

a. the upper component shall consist of a minimum30-mil flexible or a 60-mil high density polyethylene (HDPE)geomembrane liner. The geomembrane component shall be installedin direct and uniform contact with the compacted soil component;

b. the lower component shall consist of a minimum24-inch thick layer of compacted soil having a saturatedhydraulic conductivity of no more than lx10-7 centimeters persecond throughout its thickness. The soil must be free ofparticles greater than one inch in any dimension; or

2. in accordance with a design approved by theSecretary, upon EPA approval of the state program in the FederalRegister, which provides equivalent protection as the compositeliner defined in A.1 above and ensures concentration valueslisted in Section 1110 will not be exceeded in the uppermostaquifer at the relevant point of compliance which shall be at thewaste management unit boundary. The Secretary may approve analternate relevant point of compliance, upon EPA approval of the

~ state program in the Federal Register, and shall be located no



more than 150 meters from the waste management unit boundary on

land owned by the owner of the landfill.a. when approving a design under this section, the

Secretary shall consider the following factors:

(1) the hydrogeologic characteristics of thelandfill and surrounding land;

(2) the climatic factors of the area; and

(3) the volume and physical and chemicalcharacteristics of the leachate.

b. in approving the relevant point of complianceunder this section, the Secretary shall consider the followingfactors:

(1) the hydrogeologic characteristics of thefacility and surrounding land;

(2) the volume and physical and chemicalcharacteristics of the leachate;

(3) the quantity, quality, and direction offlow of the ground water;

(4) the proximity and withdrawal rate of theground water users;

(5) the availability of alternative drinkingwater supplies;

(6) the existing quality of the ground water,including other sources of contamination and their cumulativeimpacts on the ground water, and whether the ground water iscurrently used or reasonably expected to be used for drinkingwater;

(7) public health, safety, and welfareeffects; and

(8) the practicable capability of the owner oroperator.

3. with a leachate collection system that meets the

requirements in Section 308.

[8-17-94]

B. The design and construction of all liners shall conform

to the following criteria:

1. general requirements:

a. all liners must be able to withstand the

projected loading stresses and disturbances from overlying waste,

waste cover materials, and equipment operation;

b. all liners shall incorporate a leachate

collection system; and

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c. all liners must be constructed with a minimumtwo percent slope to promote positive drainage and facilitateleachate collection;

2. requirements for geosynthetic components:

a. geosynthetic components of a liner system mustbe compatible with the waste to be contained. They must be ableto resist chemical attack from the waste or leachate. This shallbe demonstrated by means of manufacturer's test reports,laboratory analyses or other means approved by the Department;

b. any geosynthetic materials installed on slopesgreater than 25 percent must be designed to withstand thecalculated tensile forces acting upon the geosynthetic materials.The design must consider the maximum friction angle of thegeosynthetic with regard to any soil-geosynthetic orgeosynthetic-geosynthetic interface and must ensure that overallslope stability is maintained; and

c. field seams in geosynthetic material shall beoriented parallel to the line of maximum slope, i.e., orientedalong, not across the slope. The number of field seams incorners and irregular shaped areas shall be minimized. Thereshall be no horizontal seam within five feet of the toe of theslope.

3. requirements for the soil component of all liners:

a. the bottom geosynthetic layer, shall be placedon a prepared subgrade consisting, at a minimum, of a 6-inchlayer of in-situ soil or select fill compacted to 90% StandardProctor Density;

b. the surface of the soil upon which ageosynthetic will be installed must be free of stones greaterthan 1/2-inch in any dimension, organic matter, localirregularities, protrusions, loose soil, and any abrupt changesin grade that could damage the geosynthetic; and

c. the soil component of the composite linerdefined in A.1 above shall be compacted to a minimum of 90%Standard Proctor Density and have the following physicalcharacteristics unless otherwise approved by the Secretary:

(1) Plasticity Index greater than 10%;

(2) Liquid Limit between 25% and 50%;

(3) portion of material passing the No. 200sieve (0.074 mm and less fraction) greater than 40% (by weight);and

(4) clay content greater than 18% (by weight).

4. all liners shall have a protective cover of atleast two feet of granular soil. This protective cover shall, inaddition to providing physical protection for the liner,facilitate the collection of leachate in the leachate collection

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system. Soil materials used to construct this layer must bedesigned to ensure the hydraulic leachate head on the liner neverexceeds one foot. The soil material shall be free of any organicmatter and have the following physical characteristics unlessotherwise approved by the Secretary:

a. portion of material passing the No. 200 sieve(0.074 mm and less fraction) no greater than 5% by weight; and

b. Uniformity Coefficient (Cu) less than 6 whereCu is defined as D60/D10.

[8-17-94]

307. TESTING AND QUALITY CONTROL FOR LINERS. [8-17-94]

A. All testing of geosynthetic and soil materials shall beperformed in accordance with applicable ASTM standards.[8-17-94]

B. The construction and installation of all liners shallbe done in accordance with a quality control plan which has beenapproved by the Department. All testing and evaluation of linersshall be complete prior to the placement of the protective cover.All field testing shall be the responsibility of an individualexperienced in liner installation and soils engineering. Thequality control plan shall:

1. define the procedures required for testing andreporting the test results for the installation of the liner; and

2. describe and illustrate to operating personnel allnecessary procedures for maintaining the integrity of the linerand leachate collection systems; and3. for the soil component all composite liners asdefined in Section 306.A.1, prescribe the minimum frequency oftesting according to the following table unless otherwiseapproved by the Secretary:

LINER SOIL MATERIAL TEST FREQUENCY

Item Test-clay borrow source

testing grain size 1/1,000 cyAtterberg Limits 1/5,000 cymoisture-density

curve 1/5,000 cylab permeability 1/5,000 cy-soil liner testing

during construction density/moisturecontent (nuclear)

4/acre/liftlab permeability 1/ 2 acre

(recompacted)total thickness 1/acre

(by survey) (on grid)

4. for the protective cover when used to facilitateleachate drainage, prescribe the minimum frequency of testingaccording to the following table unless otherwise approved by the

Fri



Secretary:

GRANULAR DRAINAGE LAYER MATERIAL TEST FREQUENCY

Item Test Frequency-granular drainage

layer testing grain size 1/1,500 cy

total thickness 5/acre

5. for the geomembrane component of all compositeliners as defined in Section 306.A.1, all testing, both shop andfield, shall be as recommended by the manufacturer. The minimumfrequency of taking seam samples for destructive testing shall beone per 500 feet of seam length, with a portion of each testsample tested in the field and another in the laboratory. Seamsamples shall be tested for peel adhesion and bonded seamstrength. Non-destructive testing shall be performed for allseams, seam repairs, and liner repairs.

[8-17-941

308. LEACHATE COLLECTION SYSTEMS FOR LANDFILLS. [8-17-941

A. All liners and protective layers shall include a

leachate collection system, which shall incorporate a pipingcollection network comprised of perforated pipe having a minimumdiameter of 4 inches and a minimum wall thickness of schedule 80and shall be designed and constructed to:

1. maintain less than a one-foot depth of leachate onthe liner;

2. maintain a minimum of two percent slope throughoutthe system;

3. withstand chemical attack from waste or leachate;and

4. withstand the loads, stresses, and disturbancesfrom overlying waste, waste cover materials, and equipment

operation.

[8-17-941

B. Any geosynthetic materials such as geonets and

geotextiles, if used as components of the leachate collection

system, must have a hydraulic conductivity, transmissivity and

chemical and physical qualities that will not be adversely

affected by waste placement, equipment, operation, or leachategeneration. These geosynthetics, if used and operating inconjunction with the soil protective cover for the liner asdescribed in Section 306.B.4, must have a hydraulic conductivity

and transmissivity designed to ensure the hydraulic head on the

liner never exceeds one foot. [8-17-94]

C. A written leachate management plan shall be submitted

for approval by the Secretary. The plan shall describeanticipated amounts of leachate, duration of generation and finaldisposal options of the leachate and shall include:

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1. a description of the means of analysis; and

2. a description of-the type of treatment and proposeddisposal method.

(8-17-941

309. LANDFILL GAS CONTROL SYSTEMS. [8-17-941

A. Owners and operators of landfills who are required by

the Secretary to install a landfill gas control system in orderto conform with the requirements of Section 402.B of this Partshall submit a plan for approval by the Secretary which shallinclude the following:

1. the design of the system, indicating the locationand design of vents, barriers, collection piping and manifoldsand other control measures that will be installed;

2. if gas recovery is proposed, the design of theproposed gas recovery system and the major on-site components ofthe system including storage, transportation, processing,treatment or disposal measures required in the management of thegenerated gases, condensates or other residues;

3. if gas processing is proposed, it shall be

designed:

a. in a manner that does not interfere or conflictwith the activities on the site or required control measures;

b. without creating or causing danger to personsor property; and

4. if gas disposal is proposed, it shall be designed:

a. in a manner that does not interfere or conflict

with the activities on the site or required control measures;

b. without creating or causing danger to persons

or property;

c. with active forced ventilation, using vents

located at least one foot above the landfill surface at the

location of each gas vent;

5. physical and chemical characterization of

condensates or the residues which are generated and the plan for

their disposal.

(8-17-94; 11-30-95J

310. - 399. [RESERVED.]

SUBPART IVSOLID WASTE FACILITY OPERATION REQUIREMENTS

400. [RESERVED.]

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401. GENERAL OPERATION REQUIREMENTS FOR ALL SOLID WASTE

FACILITIES. 11-30-921

A. All solid waste facilities shall operate in accordance

with the requirements listed in this section. (1-30-92; 9-17-94]

B. All solid waste facility owners and operators shall:

1. locate and operate the facility in a manner thatdoes not cause a public nuisance or create a potential hazard to

public health, welfare or the environment;

2. post signs to indicate the location of the site,the hours of operation, emergency telephone numbers, to provide

disposal instructions, and to state that fires and scavenging are

prohibited;

3. have a certified operator or representative presentat all times while the facility is operational;

4. implement a plan approved by the.Secretary toinspect loads to detect and prevent the disposal of regulated

hazardous and unauthorized waste including hazardous waste and

PCB's, including:

a. inspection frequency;

b. inspection personnel;

c. an inspection area located away from the

tipping area; and

d. a training program for the facility employeesin the identification of unauthorized waste including hazardous

waste and PCB's.

5. maintain a written record(s) of all inspection(s),signed by the inspector and the commercial hauler, containing at

least the following information:

a. date and time of inspection;

b. name of transportation company and driver;

c. truck license and truck description;

d. source of the waste; and

e. any pertinent observations made during the

inspection.

6. upon discovery of the receipt of unauthorized

waste:

a. notify the Department, the hauler, and the

generator within 24 hours;

b. restrict the area from public access and from

facility personnel; and

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c. assure proper cleanup, transport and disposalof the waste.

[1-30-92; 8-17-94]

C. The Secretary may authorize temporary changes inoperation or facility design in emergency situations when theSecretary determines there is an imminent danger to publichealth, welfare or the environment. (1-30-92; 8-17-94]

402. ADDITIONAL MUNICIPAL OR SPECIAL WASTE LANDFILL OPERATIONREQUIREMENTS. All municipal or special waste landfill owners andoperators that receive solid waste of any quantity shall also:[1-30-92; 8-17-94]

A. Utilize the principles of sanitary engineering toconfine the working face to the smallest practical area and tocompact the solid waste to the smallest practical volume.[1-30-92; 8-17-94]

B. Prevent the generation and lateral migration ofmethane gas such that:

1. the concentration of methane generated by thefacility does not exceed twenty-five percent (25%) of the lowerexplosive limit for the gases in facility structures (excludinggas control or recovery system components); and

2. the concentrations of methane gas do not exceed thelower explosive limit for the gases at the facility propertyboundary.

11-30-92; 8-17-94]

C. Implement a routine methane monitoring program toensure that the levels in 402.B.1 and 402.B.2 are met.

1. the type and frequency of monitoring shall bedetermined based on the following conditions:

a. soil conditions;

b. the hydrogeologic conditions surrounding thefacility;

c. the hydraulic conditions surrounding thefacility; and

d. the location of facility structures andproperty lines;

2. the minimum frequency of monitoring shall bequarterly; and

3. if methane gas levels exceed the limits specifiedin Paragraphs B.1 or B.2 of this section, the owner or operatorshall:

a. immediately take all necessary steps to ensure

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protection of public health, welfare and the environment andnotify the Secretary;

b. within seven days of detection, record themethane gas levels detected and a description of the steps takento protect public health, welfare and the environment; and

c. within 60 days of detection, implement aremediation plan for the methane gas releases, and notify theSecretary that the plan has been implemented. The plan shalldescribe the nature and extent of the problem and proposedremedy.

[1-30-92; 8-17-94]

D. Prevent unauthorized access by the public and entry bylarge animals to the active portion of the landfill through theuse of fences, gates, locks, or other means that attain equalprotection. [1-30-92; 8-17-94]

E. Control run-on water onto the site and run-off waterfrom the site, such that:

1. the run-on control system shall prevent flow ontothe active portion of the landfill during the peak discharge froma 25-year storm;

2. the run-off control system from the active portionof the landfill collects and controls at least the water volumeresulting from a 24-hour, 25-year storm; and

3. run-off from the active portion of the landfillshall not be allowed to discharge any pollutant to the waters ofthe State or U.S. that violates any requirements of the NewMexico Water Quality Act, Commission regulations and standards orthe Federal Clean Water Act.

[8-17-94]

F. Prohibit scavenging. [1-30-92]

G. Provide adequate means to prevent and extinguish fires.[1-30-92]

H. Direct the deposit of hot waste at a specific locationat the facility which is remote from the operating area. The hotwaste shall be immediately spread out for cooling andextinguished if on fire. The hot waste shall not be mixed withthe regular solid waste stream until it reaches a temperaturethat will not provide combustion of any solid waste. [1-30-92;8-17-94]

I. Provide and maintain access roads at the facility site,such that traffic can enter and exit the site safely, flowsmoothly, and will not be interrupted by inclement weather.[1-30-92; 8-17-94]

J. Provide sufficient unloading areas to meet demands ofpeak periods. [1-30-92; 8-17-94]

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K. Collect and treat leachate by a method approved by theSecretary. Maintain records on a quarterly basis of leachategeneration and treatment. [1-30-92; 8-17-94]

L. Control litter, disease vectors, and odors. [1-30-92;8-17-94]

M. Not excavate a closed cell except as approved by theSecretary. [1-30-92]

N. Cover the active face with a six-inch layer of earth orapproved alternate daily cover at the conclusion of each day'soperation or more often as conditions may dictate. The Secretarymay approve temporary waivers to the daily cover requirements forlandfills of less than 20 tons per day. 11-30-92; 8-17-94]

0. Provide intermediate cover which shall be:

1. one foot thick;

2. placed on all areas of a landfill that will notreceive further waste for one month or greater, but have notreached final elevation;

3. stabilized with vegetation on any areas that willbe inactive for more than two years; and

4. inspected and maintained to prevent erosion andinfiltration.

[l-30-92; 8-17-94]

P. If recycling operations are conducted:

1. perform them in a sanitary manner, confined to anarea remote from the operating area of the landfill, and in amanner which does not interfere with or delay the operation ofthe landfill; and does not create a nuisance, vector harborage,or public health hazard; and

2. remove all recyclable materials recovered from thelandfill in a timely manner such that the area does not become apermanent storage area.

[8-17-94]

403. ADDITIONAL CONSTRUCTION AND DEMOLITION LANDFILL OPERATIONREQUIREMENTS. All construction and demolition landfill ownersand operators shall: [8-17-94]

A. minimize the on-site population of disease vectorsthrough the periodic application of cover material or othertechniques as appropriate so as to protect public health, welfareand the environment; [8-17-94]

B. apply periodic cover material by the application andcompaction of soil or other suitable material over disposedconstruction and demolition debris at the end of each operatingday or at such frequencies and in such a manner as to reduce therisk of fire and impede vector's access to the waste; [8-17-941



C. ensure the concentration of explosive gases generatedby the facility or practice shall not exceed:

1. twenty-five percent (25%) of the lower explosivelimit for the gases in facility structures (excluding gas controlor recovery system components); and

2. the lower explosive limit for gases at the propertyboundary;

[8-17-941

D. limit public access so as to not expose the public topotential health and safety hazards at the facility; and[8-17-94; 11-30-951

E. not violate applicable requirements developed under theNew Mexico State Air Quality Implementation Plan. [8-17-941

404. ADDITIONAL TRANSFER STATION OPERATIONAL REQUIREMENTS.[1-30-92]

A. Special wastes may be accepted only at transferstations permitted to accept these wastes. [1-30-92]

B. Containers used shall be leak-proof and manufactured ofnon bio-degradable material. [1-30-92]

C. The owner or operator shall provide adequate means toprevent and extinguish fires. [1-30-92]

D. If recycling operations are conducted, they shall bedone in a sanitary manner, confined to an area remote from thetipping area of a transfer station and in a manner which does notinterfere with, or delay operations. Recyclable materials shallbe stored in a manner so as not to create a nuisance, harborvectors, or create a public health hazard and shall be removed ina timely manner. [1-30-92; 8-17-94]

E. There shall be sufficient unloading areas to meetdemands of peak periods. [1-30-92]

F. For transfer stations that handle less than 250 cubicyards of solid waste per day:

1. unloading of solid waste shall be confined to assmall an area as possible;

2. all containers and/or trailers shall be emptied atleast every other day, or at a rate approved by the Secretary;and

3. uncleaned transfer vehicles containing putresciblematerials shall not be parked on public streets or roads exceptunder emergency conditions. Adequate off-street parkingfacilities for transfer vehicles shall be provided.

[1-30-92]



G. For transfer stations that handle more than 250 cubicyards of solid waste per day, no solid waste shall be left at thestation at the end of the operating day unless otherwise approvedby the Department. (1-30-92; 8-17-941H. Each transfer station shall be cleaned daily of allloose materials and litter. (1-30-92]

I. If bulky wastes, such as brush, junk vehicles,appliances, and tires are accepted, separate storage areas shallbe provided, and the bulky wastes shall be removed in a timelymanner. (1-30-92; 8-17-941

405. ADDITIONAL TRANSFORMATION FACILITY OPERATION REQUIREMENTS.The following operational requirements apply to transformation

facilities: [1-30-92]

A. A transformation facility owner or operator shall:

1. control dust in the unloading and charging areas in

such a manner as to prevent explosions and fugitive dustemissions;

2. maintain appropriate fire-fighting equipment in thecharging and storage areas and elsewhere as needed;

3. if recycling, conduct those operations in asanitary manner, which does not interfere with or delay theoperations; and remove all recyclable materials recovered, orstore them so as not to create a nuisance, vector harborage, orpublic health hazard;

4. provide sufficient unloading areas to meet demandsof peak periods;

5. provide sufficient training for all new employeesso that equipment may be operated according to designspecifications, and conduct review training annually;

6. key operational procedures shall be prominentlyposted;

7. storage of special wastes generated by thetransformation facility shall be in covered buildings, in covered

leak-proof containers, or in tanks, which shall be labeled with a

description of the contents;

8. audible signals shall be provided to alertoperating personnel of critical operating unit malfunctions;

9. sampling points of each process stream that do notinterfere with normal facility operation shall be provided; and

10. if a facility is permitted by the Secretary to

handle special wastes, separate areas shall be provided for

storage while the special wastes await processing or transport.

[1-30-92; 8-17-941

B. The owner or operator shall establish an ash testing

program prior to start-up of the transformation facility.

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Representative samples of both fly ash and bottom ash shall betested in accordance with Section 704 of this Part. Testmethods, the number of tests, detection limits, and parameters tobe tested shall be approved by the Secretary. Frequency oftesting shall be one sample per month taken within 5 days of thebeginning of the month. [1-30-92; 8-17-94]

C. All products remaining after transformation shall bedisposed of in a landfill permitted to accept these wastes.[1-30-92]

406. ADDITIONAL RECYCLING AND PROCESSING FACILITY OPERATIONREQUIREMENTS. The following operational requirements apply toprocessing facilities: [1-30-92]

A. Key operational procedures shall be prominently posted.[1-30-92]

B. Storage of special wastes generated by the processingfacility shall be in covered buildings, in covered leak-proofcontainers, or in tanks, which shall be labeled with adescription of the contents. [1-30-92; 8-17-94]

C. Audible signals shall be provided to alert operatingpersonnel of critical operating unit malfunctions. [1-30-92]

D. Sampling points of each process stream that do notinterfere with normal facility operation shall be provided.[1-30-92; 8-17-94]

E. If a facility is permitted by the Secretary to handlespecial wastes, separate areas shall be provided for storagewhile the special wastes await processing or transport.[1-30-92; 8-17-94]

F. Storage areas for special wastes shall be clearlymarked. [1-30-92]

G. Storage of residues shall be by means that prevent thematerial or containers from falling, leaking, or blowing and thatprevent exposure of the waste to the weather. [1-30-92]

H. All materials that are physically, chemically orbiologically incompatible shall be stored in separate areas.[1-30-92]

I. Storage capacity shall be provided for special wasteby-products generated during initial start-up characterizationperiod. [1-30-92]

J. The owner or operator shall provide for the wash-downor other cleanup of the facility. Wastewaters shall be disposedof in accordance with all applicable state and federalregulations. [1-30-92; 8-17-94]

K. If materials have the potential of discharging anyoils, polychlorinated biphenyls (PCB's), battery acid, batteryalkalines or other liquids have the potential of being dischargedor spilled, the containers shall be located in a restricted areaidentified by signs on a covered, substance-compatible, bermed

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containment pad. (1-30-92; 8-17-94]

L. A schedule and contacts for removal of stored wastesshall be kept and included in the operation and maintenancemanual. [1-30-92] -

407. ADDITIONAL COMPOSTING FACILITY OPERATION REQUIREMENTS. Thefollowing operational requirements apply to compostingfacilities: [1-30-92]

A. Daily operational records shall be maintained for thefacility, which include, the source of materials, additives,temperature data, and quantity of material processed. [1-30-92;

8-17-94]

B. All waste piles of materials collected for the purpose

of composting shall be processed within two years. [1-30-92;

8-17-94]

C. All materials not destined for composting shall be

disposed of properly. [1-30-92; 8-17-94]

D. The finished compost shall be sufficiently stable that

it can be stored or applied to land without creating a nuisance,environmental threat, or a hazard to health. [1-30-92; 8-17-94]

E. If windrowed, construction and turning frequency shallbe sufficient to maintain aerobic conditions that can be measured(for example, oxygen tension measured by an oxygen sensor) and toproduce a compost product in the desired time frame. [1-30-92;8-17-94]

F. The finished compost shall not contain sharp objects.

11-30-92; 8-17-94]

G. All facility owners and operators utilizing municipal

sewage sludge, septage or sludge/MSW commingled solid waste shallmeet the requirements of applicable New Mexico Water Quality

Control Commission Regulations and 40 CFR Parts 257 and 503.Information required by the Commission Regulations and federalrequirements shall be made part of the daily operational records.

[1-30-92; 8-17-94]

408. ADDITIONAL HAULER OPERATION REQUIREMENTS. [8-17-94]

A. Any person who provides collection shall meet the

following:

1. solid waste shall be collected and transported so

as to prevent environmental, safety, and public health or welfare

hazards and nuisances;

2. equipment shall be designed, constructed andoperated so as to be leakproof;

3. solid waste shall be covered or enclosed so as toprevent roadside littering during transportation;

4. collection and transportation equipment shall bekept in a sanitary condition through the use of sufficient



washings and cleanouts;

5. no solid waste may be transported to a facilitywhich does not meet the requirements of this Part;

6. all solid waste spilled during collectionoperations shall be cleaned up immediately; and

7. all collection vehicles shall be conspicuouslylabeled with the company, municipality, or county departmentname.

[8-17-941

B. The owner or operator of a hauling system shall notifythe Department, in writing, of any major changes in collection ordisposal facility being utilized. [8-17-94]

C. All infectious waste haulers shall comply with thefollowing transportation requirements:

1. infectious waste shall not be transported in thesame vehicle with other waste unless the infectious waste is

contained in a separate, fully enclosed leak-proof containerwithin the vehicle compartment or unless all of the waste hasbeen treated as infectious waste in accordance with Section 706;

2. persons manually loading or unloading containers ofinfectious waste onto or from transport vehicles shall beprovided by their employer with, and required to wear, protectivegloves, shoes and eye wear, and clean coveralls. Face shieldsand respirators may be required as deemed necessary by theSecretary;

3. surfaces of transport vehicles that have contactedspilled or leaked infectious waste shall be decontaminated byprocedures approved by the Secretary;

4. vehicles transporting infectious waste shall beidentified on each side of the vehicle with the name or trademarkof the hauler and a biohazard symbol;

5. each truck, trailer, semitrailer, or container usedfor shipping infectious waste shall be so designed andconstructed, and its contents limited so that under conditionsnormally incident to transportation, there shall be no releasesof infectious waste to the environment;

6. any truck, trailer, semitrailer, or container usedfor shipping infectious waste shall be free from leaks, and alldischarge openings shall be securely closed duringtransportation;

7. no person shall transport infectious waste into thestate for treatment, storage, or disposal unless the waste ispackaged, contained, labeled and transported in the mannerrequired by this section;

8. all generator storage containers shall be labeled~ with the generator's name, the city, and date of collection; and



9. storage of infectious waste by commercial haulersshall be limited to seven (7) days prior to disposal or treatmentunless refrigerated at or below 45 degrees Fahrenheit.

[8-17-94]

D. The Secretary may deny or revoke registration if thetransporter violates any provisions of this Part. (8-17-94]

E. The owner or operator of a commercial hauling systemshall make and maintain a continuous operating record. Theoperating record shall include:

1. type and weight or volume of solid waste hauled;2. state, county, and municipality in which the solidwaste originated; and

3. solid waste facilities utilized.

[8-17-94]

F. Owners or operators shall submit an annual report tothe Secretary within 45 days from the end of each calendar yeardescribing the operations of the past year. The reports shallinclude the following information:

1. the type and weight or volume of solid waste hauledin each month of the reported year from each state, county, andmunicipality in which the waste originated;

2. the amount of waste by weight or volume taken toeach facility along with the solid waste facility's permitnumber;

3. the amount of waste by weight or volume exported ineach month of the reported year and to which state; and

4. any special operations or cleanups performed.

[8-17-94]

409. - 499. [RESERVED.]

SUBPART V:CLOSURE AND POST-CLOSURE REQUIREMENTS

500. [RESERVED.]


A. Closure and post-closure care plans are required of allsolid waste facilities and lateral expansions. [8-17-94]

B. The owner or operator of the solid waste facility shallprepare a written closure and post-closure care plan thatdescribes the steps necessary for closure and post-closure careof the solid waste facility. [8-17-94]

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C. Closure and post-closure plans are required at the timeof application for a permit or modification and for non-permittedexisting solid waste facilities at least 90 days prior toclosure. (8-17-94]

D. The owner or operator of the solid waste facility shallnotify the Secretary of the intent to close at least 90 daysbefore closure occurs. [8-17-94]

E. Closure and post-closure care plans for new solid wastefacilities and modifications to existing facilities shall be

approved as part of the permit process. [8-17-94]

F. All closure and post-closure care plans shall be

approved by the Secretary and may be subject to conditions.

[8-17-94]

G. Closure and post-closure care plans for non-permitted

solid waste facilities that existed prior to the effective date

of the Solid Waste Act (March 5, 1990) shall be approved by the

Secretary with due consideration for the following:

1. such plans are not subject to 20 NMHC 1.4, PermitProcedures - Environment Department; and

2. after determining that the plan is complete, the

Secretary shall provide public notice of the plan in a newspaperof general circulation in the county where the facility islocated. A non-adjudicatory hearing will be held if significantpublic interest warrants it.

[8-17-94; 11-30-95]

H. Responses to the Secretary's requests for additionalinformation concerning a proposed closure plan shall be made

within 60 days of receipt of such a request. (8-17-94]

I. The active life of the facility terminates upon the

Secretary's review and acceptance of closure of a facility.

[8-17-94]

J. Closure and post-closure inspection and maintenanceshall not be required of the facility if the owner or operatordemonstrates to the Secretary that all solid waste has been

removed, requirements of the closure plan have been met, andfollowing the removal of such wastes, a demonstration is madethat the soil has not been contaminated. [8-17-94]

K. All landfills, except construction and demolition

debris landfills, which close after October 9, 1991, shall comply

with the final cover requirements contained in Section 502 in

addition to other closure requirements in effect at the time of

closure. [8-17-94]

L. The length of the post-closure care period may be

decreased by the Secretary if the owner or operator demonstrates

that the reduced period is sufficient to protect public health,

welfare, and the environment, or it may be increased by the

Secretary if the Secretary determines that a longer period isnecessary to protect health, welfare, and the environment. The

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time period for application of the provisions for FinancialAssurance as defined in Subpart IX of this Part shall becoincident with the time period of the post-closure care period.Any reduction or extension of the post-closure care period as

described in this Section shall be accompanied by an identicalreduction or extension of the Financial Assurance provisions.[8-17-94; 11-30-95]

502. CLOSURE AND POST-CLOSURE REQUIRENENTS FOR MUNICIPAL ORSPECIAL WASTE LANDFILLS. [1-30-92; 8-17-94]

A. Owners and operators of municipal or special wastelandfills shall comply with the following closure requirementswhich shall begin within 30 days after the landfill receives theknown final receipt of waste:

1. owners and operators shall install a final coversystem which consists of the following:

a. an infiltration layer comprised of a minimum of18 inches of earthen material having a saturated hydraulic

conductivity less than or equal to the saturated hydraulicconductivity of any bottom liner system or natural subsoils

present, or a saturated hydraulic conductivity no greater than 1

x 10-5 cm/sec. whichever is less;

b. an erosion layer consisting of a minimum of 6

inches of earthen material that is capable of sustaining nativeplant growth;

c. any necessary gas vents provided they aresealed to assure no water infiltration;

d. side slopes that shall not exceed a 25% grade(four feet horizontal to one foot vertical), such that the finalcover of the top portion of a landfill shall have a gradient of

2% to 5%, and that the slope shall be sufficient to prevent theponding of water and erosion of the cover material.

2. upon EPA approval of the State program in theFederal Register, the Secretary may approve an alternative final

cover design that includes:

a. an infiltration layer that achieves anequivalent reduction in infiltration as the infiltration layer asspecified in Section 502.A.l.a; andb. an erosion layer that provides equivalentprotection from wind and water erosion as the erosion layer

specified in Section 502.A.l.b;

3. the written closure plan, at a minimum shall

include the following information:

a. a description of the final cover, and themethods and procedures to be used to install the cover;

b. an estimate of the largest area of the landfill

ever requiring a final cover at any time during the active life;

c. an estimate of the maximum volume of waste ever

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on-site during the active like of the landfill facility;

d. a schedule for completing all activitiesnecessary to satisfy the closure criteria; and

e. a plan drawing showing the final contours and

vegetation in relationship to the surrounding land, and a planand a description of the vegetation proposed for permanent soilstabilization;

4. prior to beginning closure of each landfill, an

owner or operator must notify the Secretary that a notice of the

intent to close the unit has been placed in the operating record;

5. the owner or operator shall complete closureactivities in accordance with the closure plan within 180 daysfollowing the beginning of closure. Extensions of the closureperiod may be granted by the Secretary if the owner or operatordemonstrates that closure will, of necessity, take longer than180 days and has taken and will continue to take all stepsnecessary to prevent threats to public health, welfare and the

environment;

6. following closure, the owner or operator shall

notify the Secretary that closure has been completed in

accordance with the closure plan;

7. following closure, the owner or operator shall

record a notation on the deed to the landfill facility property,or some other instrument that is normally examined during titlesearch, and notify the Secretary that the notation has beenrecorded and a copy has been placed in the operating record. The

notation on the deed shall in perpetuity notify any potential

purchaser of the property that:

a. the land has been used as a landfill facility;andb. its use is restricted under the post-closurecare requirement; and

8. the owner or operator may request permission from

the Secretary to remove the notation from the deed if all wastes

are removed from the facility.

[1-30-92; 8-17-94]

B. Landfill owners or operators shall comply with thefollowing post-closure requirements:

1. submit a post-closure care and monitoring planwhich shall include, but not be limited to maintenance of cover

integrity, maintenance and operation of the leachate collection

system, operation of the methane and ground water monitoring

systems;

2. reports of monitoring performance and datacollected shall be submitted to the Secretary within 45 days from

the end of each calendar year; and

3. the post-closure care period for a landfill shall



be thirty (30) years.

[1-30-92; 8-17-94]

C. The owner or operator may amend the post-closure planby submitting a request to the Secretary 30 days prior to theproposed change. No proposed amendment shall be effective unlessfirst approved in writing by the Secretary. [1-30-92]

D. The Secretary may require the owner or operator toamend the post-closure care plan if the Secretary believes thatthe present or future implementation of the plan may cause athreat to public health, welfare and the environment. (1-30-92;8-17-94]

503. CONSTRUCTION AND DEMOLITION LANDFILL CLOSURE AND POST-CLOSURE REQUIREMENTS. [8-17-94]

A. Owners and operators construction and demolitionlandfills shall comply with the following closure requirements:

1. a final cover consisting of a compacted layer ofnot less than two feet of approved material shall be placed overthe entire surface of each portion of the final lift starting nolater than 30 days and completed within 60 days after the knownfinal receipt of waste. A minimum of six inches of the finalcover shall consist of top soil or equivalent depth of compostedmaterial.

2. the side slopes of all above-grade landfills shallnot exceed a 25% grade (four feet horizontal to one footvertical), such that the final cover of the top portion of alandfill shall have a gradient of 2% to 5%, and that the slopeshall be sufficient to prevent the ponding of water and erosionof the cover material;

3. provide a plan showing the final contours andvegetation in relationship to the surrounding land, thedescription of final use of the land with drawings asappropriate, and a description of vegetation to provide permanentsoil stabilization;

4. upon completion of closure, a detailed descriptionof the use of the site, including a plat, shall be filed with theappropriate county land recording authority for the county inwhich the site is located. The description and the plat shall befiled so that it will be found during a title search and proof ofthe filing shall be submitted to the Secretary. The notificationon the deed shall perpetually notify any potential purchaser ofthe property that:

a. the land has been used as a landfill;

b. its use is restricted as described in the post-closure care provisions.

[8-17-94]

B. Post-closure care shall be for a period of 30 years andincludes control of erosion, maintenance of cover, top slopes,

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side slopes, drainage, and vegetation. Post-closure careinspections shall be:

1. once a year for the first three years; and then

2. once every three years, thereafter.

[8-17-94]

504. COMPOSTING CLOSURE AND POST-CLOSURE REQUIREMENTS.[1-30-92]

A. Within 30 days of closure, all composting facilityowners or operators shall:

1. remove all windrows and in-vessel compost materialon the compost facility's real property;

2. remove or vegetate compacted compost material thatmay be left on the land;

3. drain ponds or leachate collection systems, backfill, and assure removed contents are properly disposed;

4. provide cover if necessary; and

5. remove buildings, fences, roads, and equipment,clean-up the site, and conduct tests on the soils forcontamination.

[1-30-92; 8-17-94]

B. Composting facility owners or operators shall complywith the following post-closure and monitoring requirements:

1. maintain ground water monitoring, if required, todetect possible migration of contaminants; and

2. inspect and maintain any cover material.

(1-30-921

C. Post-closure inspection and maintenance shall not berequired if the facility owner or operator demonstrates that allrequirements of closure have been met and there is no evidence ofcontamination. [8-17-94]

505. CLOSURE AND POST-CLOSURE REQUIREMENTS FOR OTHER SOLID WASTEFACILITIES. (1-30-92; 8-17-941

A. Owners or operators of other solid waste facilitiesshall comply with the following requirements:

1. cleanup of the area;

2. dismantling and removal of any improvements relatedto solid waste handling or disposal, if required by theDepartment, such as;

a. removal of buildings;



b. removal of fences; and

c. removal of roads;

3. testing of soils and ground water for contaminationif required by the Department; and

4. any other conditions of the permit.

[1-30-92; 8-17-94]B. Post-closure inspection and maintenance shall not berequired if the facility demonstrates that all requirements ofclosure have been met and there is no evidence of contamination.

[1-30-92; 8-17-94]

506. - 599. [RESERVED.]

SUBPART VIOPERATOR CERTIFICATION

600. [RESERVED.]

601. GENERAL PROVISIONS. [1-30-92]

A. All operators of landfills, transfer stations,recycling and processing facilities, and transformationfacilities shall be certified within 180 days after the

promulgation of this Part. [1-30-92; 8-17-94; 11-30-95]

B. The certified operator shall be a supervisor, manager

or equipment operator who has primary authority and

responsibility for compliance with this Part and the approved

plans and permit conditions for the facility. [1-30-92;

11-30-95]

C. A facility which is required to be operated under the

direction of a certified operator shall operate for no more thansix months in the event that the services of a certified operatorare not available; however, the facility shall have someone onsite that is knowledgeable as to the operation of that facility

in the interim. [1-30-92; 8-17-94]

D. An individual desiring to become a certified operator

shall complete a training course offered by the Department or itsdesignated agent or equivalent training approved by theDepartment and pass an examination approved by the Department.[1-30-92; 8-17-941

E. An individual desiring to be come a certified operatorshall file an application with the Department on a form providedby the Department at least 30 days prior to a scheduled exam.[1-30-921

F. Operator certification is valid for three years from

date of issuance. [1-30-92]

G. Alternate training shall be equivalent to or more



extensive than the Department's course work, and shall beapproved by the Department. It shall be the applicant'sresponsibility to submit any documentation the Department mayrequire to evaluate the equivalency of alternate training.

11-30-92; 8-17-94]

H. A person holding certification in a particular facilityclassification may operate any facility in that class. [1-30-92;8-17-94]

I. A person may hold certification in more than onefacility classification as may be required by the Department.[1-30-92; 8-17-94]

J. The name(s) of the certified operator(s) shall be onfile at all times with the Department. [1-30-92; 8-17-94]

602. EDUCATION AND EXPERIENCE. [1-30-92]

A. Each applicant for certification in each classificationshall successfully meet the educational, experience and trainingrequirements stipulated:

1. two (2) years of experience;

2. attend and complete an approved course;

3. in no case shall actual experience be less than oneyear in any classification; and

4. a high school diploma or G.E.D. equivalent may besubstituted for one year's experience.

[1-30-92; 8-17-94]

603. LANDFILL TRAINING COURSE. [1-30-92]

A. The required training course for a certified operatorof a landfill will be offered by the Department or other approvedauthority at least once every twelve months. [1-30-92; 8-17-94]

B. The training course will address at least the followingareas:

1. composition of wastes;

2. interpreting and using engineering plans, includingbut not limited to:

a. surveying techniques;

b. waste decomposition process;

c. geology and hydrology;

d. landfill design;

e. landfill operation;

f. environmental monitoring;

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g. applicable laws and regulations;

h. the permitting process; and

i. identification of unauthorized waste includinghazardous wastes and PCB's.

[1-30-92; 8-17-94]

604. RECYCLING FACILITY TRAINING COURSE AND PROCESSING FACILITYTRAINING COURSE. [1-30-92]

A. The training course shall address at least thefollowing areas:

1. composition of waste;

2. transportation requirements;

3. mechanical operation and technology;

4. materials flow;

5. traffic flow control;

6. quality control;

7. distribution and marketing;

8. recycling and processing facility design;

9. handling of special wastes;

10. applicable laws and regulations; and

11. the permitting process.

[1-30-92]

605. TRANSFORMATION FACILITY TRAINING COURSE. [1-30-92]

A. The required training course for a certified operatorfor an incinerator shall be equivalent to that required by AirQuality Control Regulations 2000 Part X and 2020 Part X, and fortransformation facilities it shall address at least the followingareas:


2. theory of combustion;

3. basics in chemistry;

4. basics in thermodynamics;

5. mechanical and electrical operation and technology;

6. air pollution control technology;



7. ash handling and disposal operation;

8. control room operation;

9. continuous emissions monitors and theircalibration;

10. applicable laws and regulations;

11. environmental monitoring and field sampling:

12. waste decomposition;


14. flow control; and


[1-30-92; 8-17-941

606. COMPOSTING FACILITY TRAINING COURSE. [1-30-92]

A. The required training courses for a certified operator

for a composting facility shall address at least the followingareas:

1. basic microbiology;

2. basic chemistry;

3. waste decomposition;

4. environmental monitoring;

5. distribution and marketing;

6. composting equipment care and maintenance;

7. composting processing methods;

8. basic composting techniques;

9. quality control;

10. compost end-use;

11. yard waste and food waste collection system;

12. sludge handling;

13. staffing and operation; and


[1-30-92]

607. TRANSFER STATION TRAINING COURSE. [1-30-92]

" A. The required training course for a certified operator

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for a transfer station shall address at least the followingareas:



3. control room operation;

4. mechanical operation and technology;

5. flow control;

6. traffic control;

7. large waste item handling;

8. applicable laws and regulations;

9. transfer station design; and


[1-30-92]

608. EXAMINATION. (1-30-92]

A. An examination will be administered in conjunctionwith, and at the conclusion of, each training course specified inthis Subpart. [1-30-92; 8-17-941

B. Results of the examination will be forwarded to theindividual completing the examination within sixty (60) daysafter the date of the examination. [1-30-921

C. No person shall be eligible for examination unless sheor he has completed:

1. the training course offered by the Department; or

2. an alternate training course approved by theSecretary.

[1-30-921

D. Certification requires a score of at least seventypercent on the examination required by this section. [1-30-92]

609. RECIPROCITY. [1-30-92]

A. The Department may issue certificates withoutexamination to applicants who hold valid certificates or licensesissued by any state, territory, or foreign jurisdiction providedthat the Department determines the requirements for suchcertification are equal to or higher than those set forth in thisPart. [1-30-92; 8-17-94]

B. Certificates issued under Subsection A of this sectionwill be in equivalent classification. [1-30-92]



610. RECERTIFICATION. 11-30-92]

A. Certified operators shall be recertified by the

expiration date of their certification. [1-30-92]

B. Recertification shall be obtained by:

1. attending and successfully completing a training

course offered by the Department or its designated agent; or

2. an alternate training course which has beenapproved by the Department; or

3. completing course work totaling 40 hours, which hasbeen approved by the Secretary.

[1-30-92; 8-17-941

C. If recertification is not obtained prior to the

expiration date of the certification, the certification shall bevoid. (1-30-92]

D. Lapsed certificates may be reinstated without penaltyupon application within thirty days of the expiration date.After that time period, a lapsed certificate may only bereinstated upon reapplication. [1-30-92]

E. If a lapsed certificate has not been reinstated withinone year of its expiration date, the applicant must reapply andretake the appropriate examination. [1-30-92]

611. SUSPENSION OR REVOCATION OF CERTIFICATION. [1-30-92]

A. Certification may be suspended or revoked by theSecretary for:

1. failure to comply with the terms or conditions ofthe solid waste facility permit;

2. fraud, deceit or submission of inaccuratequalification information;

3. violation of this Part by the certified operator;or

4. failure to comply with the Parental ResponsibilityAct, NMSA 1978, §§ 40-5A-1 to 40-5A-13.

[1-30-92; 11-30-95]

B. Disciplinary proceedings shall be conducted inaccordance with the Uniform Licensing Act, NMSA 1978, §5 61-1-1to 61-1-33, and if applicable, 20 NMAC 1.7. [8-17-94]

612. - 699. [RESERVED.]

SUBPART VIISPECIAL WASTE REQUIREMENTS



700. [RESERVED.]701. GENERAL. Special wastes shall either be treated prior todisposal or isolated in their disposal to ensure a minimum amountof exposure to the public. [1-30-92; 8-17-94]

702. RESTRICTIONS. [1-30-92]

A. Special waste shall be disposed of only at solid wastefacilities authorized for disposal of special waste. [1-30-92]

B. If infectious waste is to be incinerated, it shall onlybe incinerated in an infectious waste incinerator authorizedunder applicable Air Quality regulations and permitted under thisPart. [1-30-92; 11-30-95]

C. A manifest in accordance with Section 712 of this Partshall accompany each load of asbestos, infectious waste,petroleum contaminated soils, ash or other special wastes asspecified by the Department originating or to be disposed in NewMexico. [1-30-92; 11-30-95]


A. Special waste shall be stored at an approved specialwaste storage area. [1-30-92; 6-17-94]

B. Special waste shall not be stored for longer thanforty-five days, unless otherwise approved by the Department.[1-30-92]

C. All containers of special waste to be stored ordisposed of shall be clearly labeled, indicating the contents andpotential health, safety, and environmental hazards associatedwith the waste. [1-30-92]

704. REQUIRED ANALYSIS. [1-30-92]

A. The physical and chemical characteristics of allspecial wastes shall be documented prior to storage,transportation or disposal, by means of:

1. records of the results of analyses performed inaccordance with this section as applicable; and

2. detailed descriptions of the generator's knowledgeof specific wastes.

[8-17-94]

B. All laboratory analyses shall be performed by alaboratory that follows EPA quality assurance and quality controlprocedures in accordance with EPA approved analytical methods orsuch other methods acceptable to the Department. [1-30-92]

C. Representative sample(s) shall be analyzed inconformance with the following parameters as appropriate (seeSubsection C of Section 1101 of this Part):

1. ignitability characteristic as defined in 40 CFR,Part 261;

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2. corrosivity characteristic as defined in 40 CFR,

Part 261;

K 3. reactivity characteristic as defined in 40 CFR,

Part 261;

4. toxicity characteristic as defined by U.S. EPA Test

Method 1311: Toxicity Characteristic Leaching Procedure (TCLP);

5. Paint Filter Liquids Test as defined by U.S. EPA

Test Method 9095;

6. additional parameters as identified by theDepartment;

7. Resource Conservation and Recovery Act (RCRA)Subtitle C listed wastes as defined in 40 CFR, Part 261; and

8. Toxic Substance Control Act (TSCA), FederalInsecticide, Fungicide and Rodenticide Act (FIFRA), or other

applicable statutes.

[1-30-92; 8-17-94; 11-30-951

705. ASBESTOS WASTE. [1-30-92]

A. Transportation of asbestos waste.

1. No transporter shall accept or transport asbestoswaste unless the waste has been properly wetted andcontainerized.

a. Asbestos waste is properly wetted when itsmoisture content prevents fiber release.

b. Asbestos waste is properly containerized whenit is placed in a plastic bag of 6-mil or thicker, sealed in such

a way to be leak-proof, and the amount of void space or air in

the bag is minimized. Asbestos waste slurries shall be packagedin leak-proof drums if they are too heavy for the plastic bagcontainers. The Secretary may authorize other proper methods ofcontainment which may include double bagging, plastic-linedcardboard containers, plastic-lined metal containers, or the useof vacuum trucks for the transport of slurry.

c. Pipes or other facility components which areremoved as sections without first removing the asbestos shall bewrapped in a minimum of 6-mil plastic sufficient to create aleak-proof container.

d. Public access to asbestos wastes shall beprevented and asbestos wastes shall be transported as soon as

possible after acceptance.

2. Transporter waste handling.

a. A transporter shall ensure that the asbestoswaste is properly contained in leak-proof containers withappropriate labels, and that the outsides of the containers are

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not contaminated with asbestos debris adhering to the containers.The transporter shall not accept nor transport asbestos waste if

there is a reason to believe that the condition of the asbestoswaste may allow fiber release.

b. The transporter shall ensure that the asbestoswaste containers are loaded into the transport vehicle in amanner which prevents the breaking of the containers. Thetransporter shall ensure that the asbestos waste containers aretransferred at the disposal site in such a manner to avoid fiberrelease.

c. if the transporter discovers that the asbestoswaste is not properly containerized in conformance with 705.A.1,

the transporter shall immediately clean up the contaminated area

and repair or reseal the container by means of double bagging,

plastic wrap, or other appropriate methods. The Department shall

be notified of any release. The transporter shall ensure thatall containers in his possession are leak-proof and cannotrelease fibers.

3. Asbestos waste handling. Vehicles used fortransport of containerized asbestos waste shall have an enclosedcarrying compartment. All surfaces of vehicles and otherasbestos handling equipment and facilities shall be maintainedfree from the accumulation of dusts and waste containingasbestos. No vehicle which uses compactors to reduce waste

volume may be used to transport asbestos waste. Vacuum trucks

shall be inspected to ensure that liquid is not leaking from the

truck.

[1-30-92; 8-17-94]

B. Labeling requirements for asbestos containers.

1. Warning labels. All asbestos containers shall be

tagged with a warning label. Labels approved by the EPA or the

Occupational Safety and Health Administration (OSHA) shall beworded, as shown below. The Secretary may authorize the use ofother similar labels.

DANGERCONTAINS ASBESTOS FIBERSAVOID CREATING DUSTCANCER AND LUNG DISEASE HAZARD

[1-30-92; 8-17-94]

C. Disposal of asbestos waste.

1. Receipt of asbestos waste.

a. The transporter of the asbestos waste shall

notify the landfill operator that the load contains asbestos.

b. The landfill owner or operator shall inspectthe loads to verify that the asbestos is properly contained in

leak-tight containers and labeled appropriately. The owner or

operator shall notify the Secretary if the owner or operatorbelieves that the asbestos waste is in a condition that may cause

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significant fiber release during disposal. If the wastes are notproperly containerized, and the landfill owner or operatoraccepts the load, the owner or operator shall thoroughly soak theasbestos with a water spray prior to unloading, rinse out thetruck, and immediately cover the wastes with non-waste containingmaterial which prevents fiber release prior to compacting thewaste in the landfill.

2. Waste deposition and covering. The owner oroperator shall:

a. prepare a separate trench to receive onlyasbestos wastes. The trench shall be as narrow as possible whilecomplying with all applicable trenching regulations;

b. align the trench perpendicular to theprevailing winds;

c. place asbestos containers into the trench withsufficient care to avoid breaking the containers;

d. completely cover the containerized waste within18 hours with a minimum of 6 inches of non-waste containingmaterial;

e. completely cover improperly containerizedasbestos containing material with 6 inches of non-wastecontaining material immediately; and

f. not compact the asbestos containing materialuntil it is completely covered with 6 inches of non-wastecontaining material.

3. Closure of an asbestos containing cell. Forclosure of a cell containing asbestos material, the landfillowner or operator shall:

a. cover with an additional 30 inches of compactednon-waste containing material to provide a 36-inch final cover tothe original grade,

b. at the discretion of the Secretary, implementmeasures where necessary to control erosion and rodent intrusion.

4. Control of public access. The operator shallprovide barriers adequate to control public access. At aminimum, the owner or operator shall:

a. limit access to the asbestos management site tono more than two entrances by gates that can be locked when leftunattended and by fencing adequate to deter access by the generalpublic.

b. place warning signs at the entrance and atintervals no greater than 100 feet along the perimeter of thesections where asbestos waste is deposited. The sign shall readas follows:

ASBESTOS WASTE DISPOSAL SITEDO NOT CREATE DUST

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BREATHING ASBESTOS IS HAZARDOUSTO YOUR HEALTH

The signs shall be posted in such a manner and location that aperson can easily read the legend and conform to the requirementsof 20 inches by 14 inches upright format signs specified in 29CFR 1910.145(d)(4) (or equivalent regulation adopted by the Boardunder the Occupational Health and Safety Act). Spacing betweenany two lines shall be at least equal to the height of the upper

of the two lines.

5. The owner or operator shall have at least oneemployee who has received at least 24 hours of course work in anEPA certified training course which deals with theidentification, hazards and management of asbestos wastes. Anemployee with this training shall be present at all times when

asbestos wastes are being disposed.

(1-30-92]

706. INFECTIOUS WASTE. [1-30-92]

A. This section applies:

1. without regard to the quantity of infectious wasteproduced, to any producer of infectious waste including, but notlimited to, any:

a. general acute care hospitals;

b. skilled nursing facility or convalescenthospitals;

c. intermediate care facilities;

d. in-patient care facilities for thedevelopmentally disabled;

e. dialysis clinics;

f. free clinics;

g. community clinics;

h. employee clinics;

i. health maintenance organizations;

j. home health agencies;

k. surgical clinics;

1. urgent care clinics;

m. acute psychiatric hospitals;

n. blood/plasma centers;

o. laboratories;

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Solid Waste Management - 20NMAC9. I of 170

p. medical buildings;q. physicians offices;

r. veterinarians;

S. dental offices;

t. acupuncturists;

u. funeral homes; and

v. eye clinics; and

2. to all infectious waste storage, treatment, and

disposal facilities.

[1-30-92]

B. All material that has been rendered non-infectious maybe handled as non-infectious waste, provided:

1. it is not an otherwise regulated, hazardous,special, or radioactive waste and is not subject to therequirements of this section;

2. the operator of the disposal facility applies dailycover as required in Section 402 prior to any compaction of the

sharps; and:

3. any person that treats infectious waste shallcertify in writing the waste has been rendered noninfectious bysterilization, incineration or another method approved by theSecretary. Certification shall be provided to the transporter ordisposal facility and kept in the facility operating record. Acertification that the waste has been rendered noninfectiousshall be provided to the generator, transporter, and disposalfacility. The generator and disposal facility shall maintaincopies of certifications and the records made available to theDepartment upon request.

[1-30-92; e-17-94]

C. The following storage and containment requirementsapply to all infectious waste:

1. Containment shall be in a manner and location whichaffords protection from animal intrusion, does not provide a

breeding place or a food source for insects and rodents, and

minimizes exposure to the public.

2. Infectious waste shall be segregated by separatecontainment from other waste at the point of origin.

3. Except for sharps, shall be contained in plasticbags inside rigid containers. The bags shall be securely tied toprevent leakage or expulsion of solid or liquid wastes duringstorage, handling or transport.

4. Sharps shall be contained for storage,transportation, treatment, and disposal in leak-proof, rigid,

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puncture-resistant containers which are manufactured for thepurpose of sharps containment and are taped closed or tightlylidded to preclude loss of contents.

5. All bags used for containment purposes shall be redor orange and clearly identified as specified in 29 CFR1910.145(f)(4). Rigid containers shall be labeled "biomedicalwaste", or otherwise conspicuously labeled as holding infectious

waste, or placed in disposable bags used for other infectious

waste. Disposable rigid containers shall meet or exceed the

standards for a classified strength of at least 200-pound mullen

test.

6. If other waste is placed in the same container as

regulated infectious waste, then the generator shall package,label and mark the container and its entire contents asinfectious waste.

7. Rigid infectious waste containers may be reused for

infectious or non-infectious waste if they are thoroughly washed

and decontaminated each time they are emptied and the surfaces of

the containers have been completely protected from contaminationby disposable, unpunctured or undamaged liners, bags, or otherdevices that are removed with the infectious waste, and thesurface of the containers have not been damaged or punctured.

8. Storage and containment areas shall protectinfectious waste from the elements, be ventilated to the

outdoors, be only accessible to authorized persons, and be marked

with prominent warning signs on, or adjacent to , the exteriordoors or gates. The warning signs shall be easily read during

daylight from a distance of 25 feet.

9. Generators of medical waste, shall place an

absorbent material inside the liner of the rigid container equal

to one (1) cup of absorbent material per each six (6) cubic feetof box area if the rigid container is to hold any containerswhich had held free liquids; if the rigid container is to hold

containers which do hold free liquids, then enough absorbentmaterial shall be placed inside the liner of the rigid container

sufficient to absorb 15% of the total volume of free liquidsinside the rigid container.10. Compactors, grinders or similar devices shall not

be used to reduce the volume of infectious waste before the wastehas been rendered non-infectious unless prior approval has been

obtained from the Department.

11-30-92; 11-30-95]

D. All infectious waste treatment, storage and disposalfacilities subject to this section shall comply with the

following operational requirements:

1. Every person who generates, transports, stores,

treats, or disposes of infectious waste shall prepare and

maintain on file a management plan for the waste that identifiesthe type of waste the person generates or handles, the

segregation, packaging, labelling, collection, storage, and

transportation procedures to be implemented, the treatment or

disposal methods that will be used, the transporter and disposal

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facility that will be used, and the person responsible for themanagement of the infectious waste.

2. All infectious waste management facilities may onlyaccept infectious waste that is accompanied by a manifest thatcontains the information required by Section 712 of this Part.

3. Report to the Secretary any delivery ofunauthorized waste, contamination of any person, or otheremergencies immediately upon recognition.

4. Human fetal remains shall be disposed byincineration or interment, which are considered to be human fetalremains when measured to be 500 grams or greater as defined bythe State Medical Examiner.

5. Infectious waste consisting of recognizable humananatomical remains shall be disposed by incineration orinterment, unless such remains have been contaminated with aregulated hazardous chemical or radioactive substance. Suchcontaminated remains shall be disposed of at a permittedhazardous or radioactive waste facility.

[1-30-92; 11-30-951

E. Treatment and disposal of infectious waste shall be byone of the following methods:

1. incineration in a controlled air multi-chamberedincinerator which provides complete combustion of the waste tocarbonized or mineralized ash:

a. ash from the incinerator shall be sampled inaccordance with Section 404.B of this Part;

b. the sample shall be analyzed by the U.S. EPATest Method 1311: Toxic Characteristics Leaching Procedure (TCLP)to determine if it is a hazardous waste. If hazardous, it shallbe managed by applicable state regulations;

c. the retention times and temperatures for eachchamber shall be continuously measured and recorded, or otherequivalent tests approved by the Department to determine if it isstill infectious shall be performed. If infectious, it shall beretreated in accordance with this section; and

d. charge rates shall be maintained and recorded.

2. sterilization by heating in a steam sterilizer soas to render the waste non-infectious:

a. the operator shall have available and shallcertify in writing that she or he understands written operatingprocedures for each steam sterilizer including time, temperature,pressure, type of waste, type of containers, closure oncontainers, pattern of loading, water content, and maximum loadquantity;

b. infectious waste shall be subjected tosufficient temperature, pressure and time to kill Bacillus

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stearothermophilus spores or induce a complete color change in anapproved steam sterilization integrator when either indicator islocated in the center of the waste load being decontaminated;

c. unless a steam sterilizer is equipped tocontinuously monitor and record temperature and pressure duringthe entire length of each sterilization cycle, each package ofinfectious waste to be sterilized shall have a temperaturesensitive tape or equivalent test material such as chemicalindicators attached that will indicate if the sterilizationtemperature and pressure have been reached. Waste shall not beconsidered sterilized if the tape or equivalent indicator failsto indicate that a temperature of at least 250 degrees Fahrenheitor 121 degrees Celsius was reached during the process;

d. each sterilization unit shall be evaluated foreffectiveness with spores of B. stearothermophilus or approvedsteam sterilization integrator at least once each 40 hours ofoperation; and

e. a written log shall be maintained for eachsterilization unit which contains;(1) date, time and load number for each load;

(2) amount per load;

(3) duration of the cycle; and

(4) the operator's name.

3. discharge to a sewage treatment system thatprovides secondary treatment of waste and only if the waste isliquid or semi-solid and if approved by the operator of thesewage treatment system;

4. other methods may be approved by the Secretarywhich provide:

a. a 6LoglO reduction in:

(1) vegetative bacteria Staphylococcus aureusor Pseudomonas aeruginosa;

(2) fungi Penicillium chrysogenum, Aspergillusniger, or Candida albicans;

(3) parasites Cryptosporidium spp. oocysts orGiardia spp. cysts;

(4) mycobacteria Mycobacterium phlei,Mycobacterium terrae, or Mycobacterium bovis (BCG); and

(5) Viruses Polio 2 or Polio 3 orBacteriophage;

b. a 4LoglO reduction in bacterial spores ofBacillus stearothermophilus or Bacillus subtillis; and

c. verification that the species used in 706.E.4.aand 706.E.4.b are the species indicated and that the strain used


Solid Waste Management -- 20NMAC9.1

is appropriate for the proposed method.

[1-30-92; 8-17-94; 11-30-95]

707. ASH. (1-30-92]

A. Transporters of ash shall:

1. not accept or transport ash unless it has beentreated or is securely covered to prevent release of fugitivedust;

2. cover vehicles to prevent fugitive dust loss duringtransport; and3. line or seal vehicles in a manner to prevent anyleakage of liquids or fugitive dust during transport.

[1-30-92]

B. The landfill owner or operator shall:

1. prepare a trench to receive non-hazardous ash;

2. provide a ground water monitoring system and aleachate collection system unless an adequate demonstration ismade to the Secretary that such systems are not necessary;

3. keep the ash wetted to prevent fugitive emissionsprior to covering;

4. unload transport vehicles at the bottom of thetrenches; and

5. completely cover the ash within 24 hours with aminimum of 6 inches of clean non-waste containing material, orother material approved by the Secretary.

(1-30-92; 8-17-94]

C. For closure of a cell or trench containing ash, thelandfill owner or operator shall install a final cover systemwhich consists of:

1. an infiltration layer comprised of a minimum of 18inches of earthen material having a saturated hydraulicconductivity less than or equal to the saturated hydraulicconductivity of any bottom liner system or natural subsoilspresent, or a saturated hydraulic conductivity no greater than 1x 10-5 cm/sec whichever is less;

2. an erosion layer consisting of a minimum of 6inches of earthen material that is capable of sustaining nativeplant growth;

3. any necessary gas vents provided they are sealed toassure no water infiltration; and

4. the side slopes that shall not exceed a 25% grade(four feet horizontal to one foot vertical), such that the finalcover of the top portion of an ash fill shall have a gradient of

of 170

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2% to 5%, and that the slope shall be sufficient to prevent theponding of water and erosion of the cover material.

(1-30-92; 8-17-94] -

D. The owner or operator shall provide barriers adequateto control public access and shall:

1. limit access to the ash site to no more than twoentrances, by:

a. gates that can be locked when left unattended;and

b. fencing adequate to deter access by the generalpublic; or

2. when trenches are used at a landfill, isolate such

trenches from the rest of the facility in a manner to deter

access by the general public.

(1-30-92; 8-17-94]

E. Ash that is temporarily stored at a generation site

awaiting transportation shall be stored in a manner so as toprevent fugitive dust emissions. [1-30-92]

708. PETROLEUM CONTAMINATED SOILS. [1-30-92; 8-17-94]

A. All petroleum contaminated soils to be disposed of ortreated at a landfill or composting facility shall be testedunder the requirements of Section 704. All soils that are

suspected to be contaminated with petroleum products shall betested for Total Petroleum Hydrocarbons (TPH) and othercontaminants as deemed necessary by the Secretary to determine

the contaminants of the soil. Copies of the results from thelaboratory analyses shall be placed in the daily operating recordand made available to the Secretary upon request. (1-30-92;

8-17-94]

B. Petroleum contaminated soils containing free liquidshall not be accepted at a landfill. When the soil can pass thePaint Filter Test, the test results shall be placed in the dailyoperating record and made available to the Secretary upon

request. (1-30-92; 8-17-94]

C. Petroleum contaminated soil may be stored temporarilyon-site in a bermed area on an impermeable liner or in a mannerthat does not contaminate ground water, surface water, air oruncontaminated soil. The method of storage shall be approved by

the Secretary. (1-30-92; 8-17-94]

D. Petroleum contaminated soil shall be spread, inside a

bermed area, no greater than 6 inches thick. The spread area maybe required to be lined with an impermeable material. The soil

shall be turned or disced once every two weeks until remediation

is determined to be adequate. [1-30-92; 8-17-941

E. Remediation shall be deemed adequate when the following

conditions are met in a soil sample of what appears to be the

most heavily contaminated soil:

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1. the sum of benzene, toluene, ethylbenzene, andxylene isomer concentrations is less than 500 mg/Kg, with benzeneindividually less than 10 mg/Kg; and

2. the TPH concentration is less than 1,000 mg/Kg.

[1-30-92]

F. Uncontaminated or remediated soils shall not be mixedwith contaminated soils. [8-17-94]

G. The owner or operator shall provide a written report tothe Department documenting remediation. Upon Department approvalof the report, the treated soil may be left in place, removed forbeneficial use, including use as daily or weekly cover at thelandfill, or disposed of as a solid waste. [1-30-92; 8-17-94]

709. SLUDGE. [8-17-94]

A. All owners or operators that dispose of sludge, exceptcompost which meets the provisions of 40 CFR 503, at a landfillshall obtain approval from the Secretary and meet the followingrequirements prior to disposal:

1. the landfill shall be permitted or authorized toreceive sludge;

2. the sludge from municipal wastewater treatmentplants shall be sampled and analyzed to show that it meets thecriteria specified in Section 1109. The test parameters andlimits for other sludges shall be as specified by the Secretary:

a. the frequency of sampling shall be onerepresentative sample per 100 cubic yards of sludge, an alternatefrequency may be approved by the Secretary if a demonstration ismade that the sludge is homogeneous; and

b. the laboratory used to analyze the sludge shallfollow EPA quality assurance and quality control (QA/QC)procedures in accordance with EPA approved methods. Thelaboratory's QA/QC plan shall be approved by the Department.

3. provide a description of the transport method, ademonstration the method will be leak free and covered, the

.volume to be transported and total time period for disposal ofany sludges (piles);

4. provide a description of any future plans forcontinuation of landfill disposal of the sludge including howoften sludge will be tested and transported to the landfill andhow long the sludge will be stored prior to disposal;

5. copies of the shipping records shall be provided tothe landfill owner or operator;

6. provide a site map indicating the facilityboundaries, the location of the sludge disposal area, and theroutes of the disposal vehicles;



7. provide as part of their contingency plan a sectiondescribing methods for clean-up if an accident should occurduring transport or disposal;

8. sludge from municipal waste water treatment plantsshall be covered at the end of the day in order to be excludedfrom pathogen reduction criteria; and

9. sludge derived from the treatment of domesticsewage, received at the landfill for further treatment, shallmeet the requirements of 40 CFR 257, Appendix II and thetreatment area must be restricted from public access.

10. All sludge derived from the treatment of domesticsewage and used as final cover materials shall comply with

requirements under 40 CFR, Part 257.3-6.

(8-17-941

B. Liquid extraction shall not be allowed at landfillsunless specifically approved by the Secretary. [8-17-94]

C. Land application of sludge derived from the treatment

of domestic sewage, and compost that includes sludge derived from

the treatment of domestic sewage, and which meets the definitionof solid waste facility shall comply with:

1. the federal regulations under 40 CFR, Part 503; and

2. any additional requirements by the Secretary, suchas, but not limited to, analytical testing frequencies andparameters, siting criteria, and loading rates.

[8-17-941

D. Owners and operators of landfills dedicated solely forthe disposal of sludge derived from the treatment of domesticsewage shall comply with the requirements of 40 CFR Part 503.[8-17-941

710. PACKING HOUSE AND KILLING PLANT OFFAL. Prior to disposal

at a landfill, these wastes shall pass the Paint Filter Test and

be mixed with soil, in a separate area of the facility, to aconsistency that will support compaction and cover material.[1-30-92]

711. DISPOSITION FOR SPECIAL WASTE NOT OTHERWISE SPECIFIED. A

disposal management plan (DMP) shall be developed by the owner oroperator and approved by the Department for each landfill thatwishes to receive special wastes that do not have specifieddisposal requirements. The DMP shall include, at a minimum, thefollowing: [1-30-92]

A. a description of methods to identify the variousspecial wastes, including the use of test parameters in Section

704; [1-30-92]

B. disposition procedures for incoming special wastes;

[1-30-921



C. notification procedures to the Department in the eventof wastes that either fail the tests listed in Section 704 orprove to be one of the listed special wastes; and [1-30-92]

D. any tracking system to be used to:

1. compile and record the amounts and types of wastesreceived;

2. locate the waste in either the disposal area; or

3. manifest the waste as provided for by Section 712,if warranted.

[1-30-92; 8-17-94]

712. MANIFEST REQUIREMENTS. [1-30-92]

A. A manifest containing the following information shallaccompany each load of special waste as specified in Section702.C originating or to be disposed in New Mexico:

1. name, address and phone number of the generator ofthe special waste;

2. name, address and phone number of any and allcommercial haulers in the order each will be transporting thewaste;

3. name, site address, phone number and identificationnumber of the solid waste facility to which the waste is to bedelivered;

4. type and proper name of waste being shipped;

5. total weight or volume of waste prior to shipmentfrom generator;

6. total weight or volume of waste received at solidwaste facility;

7. type and number of containers in shipment;

8. any special handling instructions;

9. date and location the waste was delivered;

10. date of receipt from the generator and total weightor volume of the special waste shall be provided by thetransporter; and

11. if more than one commercial hauler is used, eachcommercial hauler shall provide the date of receipt and totalweight or volume of said waste received from the previouscommercial hauler.

[1-30-92; 8-17-941

B. The manifest shall accurately reflect the informationand be signed by the generator and each commercial hauler of the

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special waste, and by the solid waste facility owner or operator,acknowledging delivery, quantity, and receipt of the waste. Allsignatories shall be duly authorized agents of theirorganizations. [1-30-92-; 8-17-94]

C. Upon discovery of any significant discrepancyincluding, but not limited to, factual misrepresentation on themanifest, irregularities in transportation, discharges, or anyunauthorized action in regard to the shipment, delivery, ordisposal of the solid waste, the person discovering thediscrepancy shall notify the Department, the generator,commercial hauler, and the solid waste facility within 24 hours.

[1-30-92]

D. Upon receipt of a special waste shipment at the solidwaste facility, the owner or operator shall send a signed copy of

the manifest back to the generator. [1-30-92; 8-17-941

E. A copy of the manifest shall be retained by thecommercial hauler and the solid waste facility for theirpermanent records. The generator shall retain both the originalcopy and the returned copy signed by the solid waste facilityowner or operator for the generator's permanent records.[1-30-92]

F. Copies of the manifest shall be made available to theSecretary upon request and shall be retained by the facilityowner or operator throughout the post-closure period and anyextended time period deemed necessary by the Secretary.[1-30-92; 8-17-94]

713. - 799. [RESERVED.]

SUBPART VIIIGROUND WATER MONITORING; CORRECTIVE ACTION; CONTINGENCY PLAN

800. [RESERVED.]

801. GROUND WATER MONITORING. [8-17-94]

A. All landfills shall establish ground water monitoringprograms in accordance with the following schedule which shall be

maintained throughout the active life and post-closure careperiod of the landfill:

1. owners or operators of new landfills and lateralexpansions shall comply with this Subpart prior to placement ofwaste in the landfill;

2. owners or operators of existing landfills orlandfills that closed on or after October 9, 1993 shall complywith the ground water monitoring requirements of this Subpart by

October 9, 1994 unless the landfill qualifies for a smalllandfill exemption under Section 110;

a. owners or operators of landfills which closedon or after May 14, 1989, and before October 9, 1993, and wererequired to monitor ground water, shall comply with this Subpartby October 9, 1994, with exception that the parameters may be

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limited to those approved at closure:

(1) the Secretary may require monitoring foradditional parameters as necessary to protect the public health,welfare and the environment;

3. construction and demolition landfills are exemptfrom ground water monitoring requirements unless the Secretaryfinds that there is a potential for hazardous constituents tomigrate from the facility to the uppermost aquifer.

[8-17-94; 11-30-95]

B. All other solid waste facilities shall demonstrate theground water will be protected. [8-17-94]

C. Upon EPA approval of the State Program in the FederalRegister, part or all of the ground water monitoring requirementsof Sections 802 through 806 may be suspended by the Secretary ifthe owner or operator can demonstrate that there is no potentialfor migration of hazardous constituents from their landfill tothe uppermost aquifer during the active life of the landfill andthe post-closure care period. This demonstration shall becertified by a qualified ground water scientist and approved bythe Secretary based upon factual information presented in anadjudicatory hearing process. The demonstration shall be basedupon:

1. site-specific field measurements, sampling, andanalysis of physical, chemical, and biological processesaffecting contaminant fate and transport, and

2. contaminant fate and transport predictions thatmaximize contaminant migration and consider impacts on publichealth, welfare and environment.

(8-17-94]

802. GROUND WATER MONITORING SYSTEMS. [8-17-94]

A. A ground water monitoring system shall be approved bythe Secretary and consist of a sufficient number of wells,installed at appropriate locations and depths, to yield groundwater samples from the uppermost aquifer that:

1. represent the quality of background ground waterthat has not been affected by leakage from a landfill;

2. represent the quality of ground water passing therelevant point of compliance which shall be at the wastemanagement unit boundaries on land owned by the owner of thelandfill. Upon EPA approval of the State Program in the FederalRegister, the Secretary may approve an alternative relevant pointof compliance located no more than 150 meters from the wastemanagement unit boundaries on land owned by the owner of thelandfill;

a. the downgradient monitoring system shall be

installed at the relevant point of compliance;



b. when physical obstacles preclude installationof ground water monitoring wells at the relevant point ofcompliance at existing landfills, the downgradient monitoringsystem may be installed at the closest practicable distancehydraulically downgradient from the relevant point of compliancethat ensure detection of ground water contamination in theuppermost aquifer.

[8-17-94]

B. Upon EPA approval of the State program in the FederalRegister, the Secretary may approve a multiunit ground watermonitoring system instead of separate systems for each landfillwhere the facility has several landfills, provided the multiunitsystem meets the appropriate requirements of this Part and willbe as protective of public health, welfare and the environment asindividual monitoring systems for each landfill, based on thefollowing factors:

1. number, spacing, and orientation of the landfills;

2. hydrogeologic setting;

3. site history;

4. engineering design of the landfills; and

5. type of waste accepted at the landfills.

(8-17-94; 11-30-95]

C. Monitoring wells shall be constructed in such a mannerthat the integrity of the bore-hole and well is maintained and isin accordance with ASTM method 5092 or the followingrequirements:

1. the bore-hole shall be drilled a minimum of 4inches larger than the casing diameter to allow for theemplacement of sand and sealant.

2. care shall be taken not to introduce contaminationto the well.

3. the well shall be developed so that ground waterflows freely through the screen and is not turbid, and that allsediment is removed from the well.

4. the casing shall unless otherwise approved by theSecretary, consist of Schedule 40 or heavier threaded PVC pipe ofnot less than 2 inches.

a. the casing shall extend from the top of thescreen to at least one foot above ground surface.

b. the casing top shall be protected by a cap anda locking shroud shall protect the exposed casing.

c. the shroud shall be large enough to allow easyaccess for removal of the plastic cap.

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5. the screen shall be at least a 20-foot section ofmachine slotted or other manufactured screen. A slot size of0.01-inch generally is adequate for most installations. No on-site or hack-saw slotting is permitted.

6. if the uppermost aquifer is unconfined; the top ofthe screen shall be 5 feet above the water table to allow forseasonal fluctuations.

7. if the uppermost aquifer is confined; the top ofthe screen shall be at the top of the stratigraphic boundarybetween the aquifer and the confining layer.

8. the screen shall be centralized at the top and thebottom.

9. an annular space from 2 feet below to 2 feet abovethe screen shall be packed with sand.

a. the sand shall be clean and medium to coarsegrained.

b. the sand shall be properly sized to preventfines from entering the well.

c. a tremmie pipe shall be used for sand placementin deeper wells.

10. the annular space for at least 2 feet above thesand pack shall be grouted or sealed.a. pressure grouting with bentonite or cementusing a tremmie pipe is preferred.

b. alternatively, a bentonite seal may beinstalled using bentonite pellets, 1/4 or 1/2 inch in size.

11. the annular space above the seal can be filled withclean uncontaminated drill cuttings, or clean sandy clay towithin 10 feet of the ground surface.

12. the annular space above the cuttings shall befilled with bentonite-cement grout for 7 feet.

13. the remaining 3 feet shall be filled with concrete(expanding cement).

14. a concrete slab with a minimum of a 2-foot radiusand a 4-inch thickness shall be poured around the shroud. Thepad shall be sloped so that rainfall and run-off flows away fromthe shroud.

15. a construction and lithologic log for eachmonitoring well shall be submitted to the Secretary.

16. the casing of each well or wells which will be usedto monitor ground water shall be surveyed. The location of thewell shall be determined within one-tenth of a foot, and theheight above sea level at the top of the casing shall bedetermined one-hundredth of a foot.

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[8-17-94]

D. The owner or operator shall notify the Secretary within30 days that the design,. installation, development, anddecommission of any monitoring wells, piezometers and othermeasurement, sampling, and analytical devices documentation hasbeen placed in the operating record. This notification shall beat least 14 days prior to the installation of decommissioning ofany monitoring wells or piezometers. [8-17-941

E. The monitoring wells, piezometers, and othermeasurement, sampling, and analytical devices shall be operatedand maintained so that they perform to design specificationsthroughout the life of the monitoring program. [8-17-94]

F. The number, spacing, and depths of monitoring systems

shall be:

1. based upon site-specific technical information thatincludes thorough characterization of:a. aquifer thickness, ground water flow rate, flowdirection including seasonal and temporal fluctuations in groundwater flow; and

b. saturated and unsaturated geologic units andfill materials overlying the uppermost aquifer, materialscomprising the uppermost aquifer; and materials comprising theconfining unit defining the lower boundary of the uppermostaquifer; including, but not limited to: thicknesses,stratigraphy, lithology, hydraulic conductivities, porosities,and effective porosities.

2. certified by a qualified ground water scientist andapproved by the Secretary. Within 14 days of this certification,the owner or operator shall notify the Secretary that thecertification has been placed in the operating record.

(8-17-94]

G. Vadose zone monitoring or leak detection systems if

approved for use by the Secretary shall include:

1. direct and indirect monitoring techniques such as:

a. permanent geophysical monitoring stations suchas those which utilize access tubes for neutron moderationinstrumentation, time domain reflectometry (TDR) probes,capacitance probes or other permanently installed devices;

b. nested piezometers when used for monitoringperched water or locally saturated portions of the vadose zone;

c. soil gas measurements;

d. lysimeters;

e. electronic leak detectors; and

f. other devices or methods as approved by theSecretary;

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2. an adequate frequency of testing and a sufficientnumber of sampling points at appropriate locations and depths todetermine a change in soil characteristics; and

3. an action plan that addresses potential vadose zonecontamination and the sources of the contamination.

[8-17-94]

803. GROUND WATER SAMPLING AND ANALYSIS. [8-17-94]

A. The ground water monitoring program shall includeconsistent sampling and analysis procedures that are designed toensure monitoring results that provide an accurate representationof ground water quality at the upgradient and downgradient wells.The owner or operator shall notify the Secretary that thesampling and analysis program documentation has been placed inthe operating record. The program shall include procedures andtechniques for:

1. sample collection;

2. sample preservation and shipment;

3. analytical procedures;

4. chain of custody control; and

5. quality assurance and quality control.

[8-17-94]

B. The ground water monitoring program shall includesampling and analytical methods that are appropriate for groundwater sampling and that accurately measure hazardous constituentsand other monitoring parameters in ground water samples. Groundwater samples shall not be field-filtered prior to laboratoryanalysis unless allowed under 40 CFR Part 258 and approved by theSecretary. Ground water sampling shall be conducted in accordancewith the RCRA Ground Water Monitoring: Draft Technical Guidanceunless otherwise approved by the Secretary. [8-17-94]

C. Ground water elevations shall be measured within one-hundredth of a foot in each well immediately prior to purging,each time ground water is sampled. The owner or operator shalldetermine the rate and direction of ground water flow each timeground water is sampled. Ground water elevations in wells whichmonitor the same waste management area shall be measured within aperiod of time short enough to avoid temporal variations inground water flow which could preclude accurate determination ofground water flow rate and direction. [8-17-94]

D. The owner or operator shall establish background groundwater quality in a hydraulically upgradient or background well(s)for each of the monitoring parameters or constituents required inthe particular ground water monitoring program that applies tothe landfill. Background ground water quality may be establishedat wells that are not located hydraulically upgradient from thelandfill if it meets the requirements of this Subpart. [8-17-94;

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11-30-95]E. The number of samples collected to establish groundwater quality data shall be consistent with the appropriatestatistical procedures determined pursuant to this Subpart.[8-17-94; 11-30-95]

F. The owner or operator shall specify in the operatingrecord the following statistical method:

1. a comparison using a t-interval or t-test with aType I error level of no less than 0.01 shall be made between theestablished background concentration and any subsequent sampleanalysis results for each parameter or constituent from eachindividual well.

a. background levels and concentrations shall beestablished for each parameter or constituent for each individualwell from at least four independent samples during the firstsemiannual sampling event and at least one additional sample

during the subsequent semi-annual sampling event.

b. if the background concentration is below thepractical quantitation limit (PQL), the PQL in Section 1100,Tables I, and II shall be used to establish background unlessotherwise approved by Secretary. A statistical method is notnecessary for a comparison between the analytical results and the

PQL.

2. another method approved by the Secretary whichmeets the performance standards of 40 CFR Part 258.53(h). Ajustification for this alternative must be placed in theoperating record and must demonstrate the method meets theperformance standards of 40 CFR Part 258.53(h).

[8-17-94]

G. The owner or operator shall determine whether or notthe Assessment Monitoring Level (AML) has been reached for eachparameter required in the particular ground water monitoringprogram that applies to the landfill as determined in this

Subpart;

1. in determining whether the AML has been reached,the owner or operator shall compare the ground water quality ofeach parameter at each monitoring well to the background value ofthat constituent, according to the statistical procedures andperformance standards specified in this part;

2. within 90 days after completing sampling, the owneror operator shall determine whether the AML has been reached at

each monitoring well and notify the Secretary.

(8-17-94; 11-30-95]H. Ground water documentation shall be submitted to theSecretary, for each sample, complying with the followingreporting requirements:

1. parameter;

2. test method (EPA or equivalent) for each parameter;



3. Ground Water Protection Standard for eachparameter;

4. Method Detection Limit (MDL) for each parameter;

5. Practical Quantitation Limit (PQL)

6. well number (lat/long);

7. laboratory ID sample number;

8. chain of custody documentation;

9. date sampled;

10. date received at the laboratory;

11. date analysis commenced;

12. results, with parameter, CAS number, concentrationwith units, Ground Water Protection Standard, PQL, Qualifier Code(i.e.: J, B, U, etc.) well number and sample date on the samesheet;

13. sample preservation (filed data);

14. review (signature and date);

15. field blank results, trip blank results;

16. QA/QC summary report (laboratory blanks, spikerecoveries, etc.); and

17. anomaly report (non-conformance with QA/QC plan,corrective actions, etc.).

[8-17-94]

804. DETECTION MONITORING PROGRAM. [8-17-94]

A. Detection monitoring is required at landfills at allground water wells unless suspended in accordance with Section801.C. A detection monitoring program shall include themonitoring for constituents listed in Section 1100, Table I. UponEPA approval of the State Program in the Federal Register, afterbackground concentrations have been established as required in803.F.1 for all Section 1100, Table I constituents, the Secretarymay;

1. delete any of the Section 1100, Table I monitoringparameters for a municipal landfill if it can be shown that theremoved constituents are not reasonably expected to be in orderived from the waste contained in the landfill; and

2. establish an alternate list of inorganic indicatorparameters for a landfill in lieu of some or all of the heavymetals listed in Section 1100, Table I, if the alternativeparameters provide a reliable indication of inorganic releases

'- from the landfill to the groundwater. In determining alternative



parameters, the Secretary shall consider the following factors;

a. the types, quantities, and concentrations ofconstituents in wastes managed at the landfill;

b. the mobility, stability, and persistence ofwaste constituents or their reaction products in the unsaturatedearth zone beneath the landfill;

c. the detectability of indicator parameters,waste constituents, and reaction products in the groundwater; and

d. the concentrations or values and coefficientsof variation of monitoring parameters or constituents in thegroundwater background.

[8-17-94; 11-30-95]

B. The monitoring frequency for all constituents listed inSection 1100, Table I or alternate constituent list approved bythe Secretary under 804.A. shall be at least semiannually duringthe active life of the facility (including closure) and the post-closure period;

1. upon approval by the Secretary of an alternateconstituent list under 804.A., the minimum frequency for all theconstituents on Section 1100, Table I shall be at least onceevery five years in addition to the required frequencies for thealternate list.

2. upon EPA approval of the State Program in theFederal Register, the Secretary may approve annual sampling afterthe first year based on the following factors:

a. lithology of the aquifer and unsaturated zone;b. hydraulic conductivity of the aquifer andunsaturated zone;

c. ground water flow rates;

d. minimum distance between upgradient edge of thelandfill and downgradient monitoring well screen (minimumdistance of travel); and

e. resource value of the aquifer.

[8-17-94; 11-30-951

C. If the owner or operator determines that the AML hasbeen reached for one or more of the constituents listed inSection 1100, Table I or alternate constituent list approved bythe Secretary in 804.A, at any monitoring well, the owner oroperator:

1. shall, within 14 days of this finding, place anotice in the operating record indicating which constituents haveshown AMLs, and notify the Secretary that this notice was placedin the operating record;

2. shall establish, within 90 days of the finding, an



assessment monitoring program meeting the requirements of thispart except as provided for in this section;

3. upon EPA approval of the State program in theFederal Register, the owner or operator may demonstrate that asource other than a landfill caused the contamination or that theAML resulted from error in sampling, analysis, statisticalevaluation, or natural variation in ground water quality;

a. a report documenting this demonstration shallbe certified by a qualified ground water scientist and approvedby the Secretary and be placed in the operating record;

b. if a successful demonstration is made anddocumented, the owner or operator may continue detectionmonitoring as specified in this section; and

c. if, after 90 days of the finding, a successfuldemonstration is not made, the owner or operator must initiate anassessment monitoring program as required in this Subpart.

[8-17-94; 11-30-951

805. ASSESSMENT MONITORING LEVELS. [8-17-94]

A. Assessment monitoring shall be required by theSecretary in the event that there is an increase in contaminantsabove the AML established for the facility in this Subpart asevidenced in the ground water quality monitoring data. [8-17-94;11-30-951

B. Background water quality data submitted to theSecretary shall be used as the baseline for determination ofAMLs. If a constituent is not detected in the background waterquality monitoring data, then the practical quantitation limits(PQLs), as specified in Table I and II of Section 1100, shall beused as the baseline. All monitoring data shall meet the PQLs fortheir respective constituents unless otherwise approved by theSecretary. [8-17-94; 11-30-951

C. For all hazardous constituents, identified in Tables Iand II of Section 1100, AMLs shall be based upon 50% of thegroundwater protection standard. [8-17-94; 11-30-95]

D. If background concentrations of anthropogenic hazardouscontaminants are above 50% of the ground water protectionstandards, then 50 percent of the ground water protectionstandards shall be used as the AMLs. [8-17-94]

E. If background concentrations of non-anthropogenichazardous constituents are above 50 percent of the ground waterprotection standards, then any statistically significant increaseabove those background concentrations shall be used as the AMLs.[8-17-94]

F. If a ground water protection standard has not beenestablished for a hazardous constituent, the AML shall be basedupon a 95 percent increase over the PQL of the contaminant.[8-17-941



G. For constituents subject to aesthetic or irrigationstandards, as identified in Table I of Section 1100, the AMLsshall be based upon 75 percent of the ground water protectionstandard, except pH, which shall be the ground water protectionstandard. [8-17-94; 11-30-95]

H. If background concentrations of anthropogenic aestheticor irrigation contaminants are above 75 percent of the groundwater protection standards, then 75 percent of the ground waterprotection standards shall be used as the AMLs. [8-17-94]

I. If background concentrations of non-anthropogenicaesthetic or irrigation constituents are above 75 percent of theground water protection standards, then any statisticallysignificant increase above those background concentrations shallbe used as the AMLs. [8-17-94]

J. If more than one toxic pollutant, as defined by the NewMexico Water Quality Control Commission Regulations, is detected,the toxic pollutant criteria of the Commission Regulations forthe combination of contaminants shall be used to determine theAMLs. However, this shall apply only in cases where such AMLs aremore stringent than the AMLs determined under subsections B-I ofthis section. [8-17-94]

806. ASSESSMENT MONITORING. [8-17-94]

A. Assessment monitoring shall be done whenever the AMLhas been reached for one or more of Table I or alternateconstituent list approved under 804.A. [8-17-94]

B. Within 90 days of the finding mandating an assessmentmonitoring program, and annually thereafter, the owner oroperator shall sample and analyze the ground water for allconstituents of Section 1100, Table II for each downgradientwell. For any constituents detected in the downgradient wells asa result of the complete analysis, a minimum of four independentsamples from each well (upgradient and downgradient) shall becollected and analyzed to establish background for theconstituents within 120 days of mandating the assessmentmonitoring program. [8-17-94; 11-30-95]

C. Upon EPA approval of the State program in the FederalRegister, the Secretary may specify an alternative frequency orsubset of wells for repeated sampling during the active life andpost-closure care of the unit considering the following:

1. lithology of the aquifer and unsaturated zone;

2. hydraulic conductivity of the aquifer andunsaturated zone;

3. ground water flow rate;

4. minimum distance between upgradient edge of thefacility and downgradient monitoring well screen;

5. resource value of the aquifer; and

6. nature of any constituents detected in response to



this section.

[8-17-94]

D. After obtaining the results from the required samplingof this section, the owner or operator shall:

1. notify the Secretary and place in the operatingrecord within 14 days of any constituents that have beendetected;

2. within 90 days and at least semiannually, resampleall wells and analyze for all constituents in Table I and any inTable II that have been detected. Upon EPA approval of the Stateprogram in the Federal Register, the Secretary may specify analternate monitoring frequency but no less than annually during

the active life and post-closure care period;

3. establish background concentrations for anyconstituents detected pursuant to paragraphs B or D.2 of thissection; and

4. establish ground water protection standards for allconstituents detected pursuant to paragraphs B or D of thissection.

[8-17-94]

E. If the concentration of all Table I and II constituentsare shown to be at or below AML after two sampling events, theowner or operator shall notify the Secretary and may return todetection monitoring. [8-17-94]

F. If the concentration of any constituent in Table I andII is above AHL, but below the corrective action level (CAL), theowner or operator shall continue assessment monitoring inaccordance with this section. [8-17-94]

G. If one or more Table I and II constituents are detectedabove the CALs in any sampling event, the owner or operatorshall, within 14 days of this finding, notify the Secretary andall appropriate local government officials;

1. the owner or operator shall also:

a. characterize the nature and extent of therelease by installing additional monitoring wells as necessary;

b. install at least one additional monitoring wellat the facility boundary in the direction of contaminantmigration and sample this well in accordance with this section;

c. notify all persons who own the land or resideon the land that directly overlies any part of the plume ofcontamination if contaminants have migrated off site; andd. initiate an assessment of corrective measuresas required by Section 808 within 90 days;

" 2. the owner or operator may demonstrate that a sourceother than the facility caused the contamination, or that the



increase resulted from error in sampling, analysis, statisticalevaluation, or natural variation in ground water quality. Areport documenting this demonstration shall be certified by aqualified ground water scientist and approved by the Secretary.If a successful demonstration is made in accordance with theassessment monitoring program the owner or operator may return todetection monitoring. Until a successful demonstration is made,the owner or operator shall comply with this Subpart includinginitiating an assessment of corrective action.

[8-17-94; 11-30-95]

H. The owner or operator shall establish a ground waterprotection standard for each Table I and II constituent inSection 1100 detected in the ground water. The ground waterprotection standard shall be:

1. for constituents for which a Maximum ContaminantLevel (MCL) has been promulgated under Section 1412 of the SafeDrinking Water Act, 40 CFR part 141, the MCL for thatconstituent, unless a standard has been established under the NewMexico Water Quality Control Commission Regulations, in whichcase the more stringent of the two shall apply;

2. for constituents for which MCLs or New Mexico WaterQuality Control Commission Standards have not been promulgated,the background concentration for the constituent established fromwells; or

3. for constituents for which the background level,which has not been affected by leakage from the landfill, ishigher than the MCL or New Mexico Water Quality Control Standardidentified under subsection H.1 of this section or health basedlevels identified under paragraph I of this section, thebackground concentration.

[8-17-94; 11-30-95]

I. Upon EPA approval of the State program in the FederalRegister, the Secretary may establish an alternative ground waterprotection standard for constituents for which MCLs or New MexicoWater Quality Control Commission Standards have not beenestablished. These ground water protection standards shall beappropriate health based levels that satisfy the following:

1. the level is derived in a manner consistent withEPA guidelines for assessing the health risks of environmentalpollutants;

2. the level is based on scientifically valid studiesconducted in accordance with the Toxic Substances Control ActGood Laboratory Practice Standards or equivalent;

3. for carcinogens, the level represents aconcentration associated with an excess lifetime cancer risklevel within the lxlO-4 to lx10-6 range; and

4. for systemic toxicants, the level represents aconcentration to which the human population could be exposed toon a daily basis that is likely to be without appreciable risk of

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deleterious effects during a lifetime. For purposes of thissubpart, systemic toxicants include toxic chemicals that causeeffects other than cancer or mutation.

%..- [8-17-94]

J. Upon EPA approval of the State program in the FederalRegister, in establishing ground water protection standards underSection 806.I, the Secretary may consider the following:

1. multiple contaminants in the ground water;

2. exposure threats to sensitive environmentalreceptors; and

3. other site specific exposure or potential exposureto ground water.

[8-17-94]

807. CORRECTIVE ACTION LEVELS. [8-17-94]

A. Corrective action shall be required by the Secretary inthe event that there is an increase in contaminants above thecorrective action level (CAL) established for the facility inthis Subpart as evidenced in the ground water quality monitoringdata. [8-17-94; 11-30-95]

B. Background water quality data submitted to theSecretary shall be used as the baseline for determination ofCALs. If a constituent is not detected in the background water

t ,quality monitoring data, then the PQLs, as specified in Table Iand II of Section 1100, shall be used as the baseline. Allmonitoring data shall meet the PQLs for their respectiveconstituents unless otherwise approved by the Secretary.[8-17-94; 11-30-95]C. For all hazardous constituents, identified in Table Iand II of Section 1100, CALs shall be based upon 75% of theground water protection standard. [8-17-94]

D. If background concentrations of anthropogenic hazardouscontaminants are above 75% of the ground water protectionstandards, then 75% of the ground water protection standardsshall be used as the CALs. [8-17-94]

E. If background concentrations of non-anthropogenichazardous constituents are above 75% of the ground waterprotection standards, then any statistically significant increaseabove those background concentrations shall be used as the CALs.

[8-17-94]

F. For constituents subject to aesthetic or irrigationstandards, as identified in Table I of Section 1100, the CALsshall be based upon the ground water protection standard.[8-17-94; 11-30-95]

G. If background concentrations of anthropogenic aestheticor irrigation contaminants exceed the ground water protectionstandards, then the ground water protection standards shall beused as the CALs. [8-17-94]



H. If background concentrations of non-anthropogenic orirrigation constituents exceed the ground water protectionstandards, then any statistically significant increase abovethose background concentrations shall be used as the CALs.[8-17-94]

I. If more than one ground water contaminant affectingpublic health, welfare is present, the toxic pollutant criteriaof the New Mexico Water Quality Control Commission Regulationsfor the combination of contaminants shall be used to determinethe CALs. However, this shall apply only in cases when the CALsas determined under subsections B-H of this section are lessstringent. [8-17-941

808. ASSESSMENT OF CORRECTIVE MEASURES. (8-17-94]

A. Within 90 days of finding that any of the constituentslisted in Table I and II have been detected exceeding CALs, theowner or operator shall initiate an assessment of correctivemeasures. Such an assessment shall be completed within areasonable period of time. [8-17-94]

B. The owner or operator shall continue to monitor inaccordance with the assessment monitoring program as specified inSection 806. [8-17-94]

C. The assessment shall include an analysis of theeffectiveness of potential corrective measures in meeting all ofthe requirements and objectives of the remedy as described inSection 809, addressing at least the following:

1. the performance, reliability, ease ofimplementation, and potential impacts of appropriate potentialremedies, including safety impacts, cross-media impacts andcontrol of exposure to any residual contamination;

2. the time required to begin and complete the remedy;

3. the costs of remedy implementation; and

4. the institutional requirements for local permits orother environmental or public health requirements that maysubstantially affect implementation of the remedy(s).

[8-17-94]

D. The owner or operator shall discuss the results of thecorrective measures assessment, prior to the selection of remedy,in a public meeting with interested and affected parties.[8-17-941

809. SELECTION OF REMEDY. [8-17-94]

A. Based on the results of the corrective measuresassessment conducted under Section 808, the owner or operatorshall select a remedy that, at a minimum, meets the standardslisted in this section. [8-17-94]

B. Remedies shall:



1. be protective of public health, welfare and theenvironment;

2. attain the CAL;

3. control the source(s) of releases so as to reduceor eliminate, to the maximum extent practicable, further releasesinto the environment that may pose a threat to public health,welfare or the environment; and

4. comply with standards for management of wastes asspecified in Section 81O.D.

[8-17-94]

C. In selecting a remedy that meets the standards listedabove, the owner or operator shall consider the followingevaluation factors:

1. the long and short term effectiveness andprotectiveness of the potential remedy(s), along with the degreeof certainty that the remedy will prove successful based onconsideration of the following:

a. magnitude of reduction of existing risks;

b. magnitude of residual risks in terms oflikelihood of further releases due to waste remaining followingimplementation of a remedy;

c. the type and degree of long term managementrequired, including monitoring, operation, and maintenance;

d. short term risks that might be posed to thecommunity, workers, or the environment during implementation ofsuch a remedy, including potential threats to public health,welfare and the environment associated with excavation,transportation, and redisposal of containment;

e. time until full protection is achieved;

f. potential for exposure of humans andenvironmental receptors to remaining wastes, considering thepotential threat to public health, welfare and the environmentassociated with excavation, transportation, redisposal, orcontainment;

g. long term reliability of the engineering andinstitutional controls; and

h. potential need for replacement of the remedy.

2. the effectiveness of the remedy in controlling thesource to reduce the further releases based on consideration ofthe following factors:

a. the extent to which containment practices will

reduce further releases; and


Solid Waste Management -- 20NMAC9.1 Page I100 of 170

b. the extent to which treatment technologies maybe used;

3. the ease or difficulty of implementing a potentialremedy(s) based on consideration of the following types offactors:

a. degree of difficulty associated withconstructing the technology;

b. expected operational reliability of thetechnologies;

c. need to coordinate with and obtain necessaryapprovals and permits from other agencies;

d. availability of necessary equipment andspecialists; and

e. available capacity and location of neededtreatment, storage, and disposal services;

4. practicable capability of the owner or operator,including a consideration of the technical and economiccapability; and

5. the degree to which community concerns areaddressed by potential remedies.

[8-17-94]

D. The owner or operator shall specify as part of theselected remedy a schedule(s) for initiating and completingremedial activities. Such a schedule shall require theinitiation of remedial activities within a reasonable period oftime taking into consideration the factors set forth in thissection. The owner or operator shall consider the followingfactors in determining the schedule of remedial activities:

1. extent and nature of contamination;

2. practical capabilities of remedial technologies inachieving compliance with ground water protection standards andother objectives of the remedy;

3. availability of treatment or disposal capacity forwastes managed during implementation of the remedy;

4. desirability of utilizing technologies that are notcurrently available, but which may offer significant advantagesover already available technologies in terms of effectiveness,reliability, safety, or ability to achieve remedial objectives;

5. potential risks to public health, welfare and theenvironment from exposure to contamination prior to completion ofthe remedy;

6. resource value of the aquifer including:

a. current and future uses;

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b. proximity and withdrawal rate of users;

c. ground water quantity and quality;

d. the potential damage to wildlife, crops,vegetation, and physical structures caused by exposure to wasteconstituent;

e. the hydrogeologic characteristic of thefacility and surrounding land;

f. ground water removal and treatment costs; and

g. the cost and availability of alternative watersupplies.

7. practicable capability of the owner or operator;and

8. other relevant factors.

[8-17-94]

E. Upon EPA approval of the State program in the FederalRegister, the Secretary may determine that remediation of arelease is not necessary if the owner or operator demonstrates tothe satisfaction of the Secretary that:

1. the ground water is additionally contaminated bysubstances that have originated from a source other than alandfill and those substances are present in concentrations suchthat the cleanup of the release would provide no significantreduction in risk to actual or potential receptors;

2. the constituents is present in ground water that:

a. is not currently or reasonably expected to be asource of drinking water or water to be used for agriculturalpurposes; and

b. is not hydraulically connected with waters towhich the hazardous constituents are migrating or are likely tomigrate in a concentrations that would exceed the ground waterprotection standards established under Section 806;

3. remediation of the release(s) is technicallyimpracticable;4. remediation results in unacceptable cross mediaimpacts;

5. the ground water contamination originated from asource other than the landfill.

[8-17-94; 11-30-95]

F. A determination by the Secretary pursuant to SubsectionE of this section shall not affect the authority of the Secretaryto require the owner or operator undertake source controlmeasures or other measures that may be necessary to eliminate or



minimize further releases to the ground water, to preventexposure to the ground water to concentrations that aretechnically practicable and significantly reduce threats topublic health, welfare or the environment. [8-17-94]

810. IMPLEMENTATION OF CORRECTIVE ACTION PROGRAM. [8-17-94]

A. Based on the schedule established under Section 809.Dfor initiation and completion of remedial activities the owner oroperator shall:

1. establish and implement a corrective action groundwater monitoring program that:

a. at a minimum, meets the requirements of anassessment monitoring program under Section 806;

b. indicate the effectiveness of the correctiveaction remedy; and

c. demonstrate compliance with ground waterprotection standard;

2. implement the corrective action remedy selectedunder section 809; and

3. take any interim measures necessary to ensure theprotection of public health, welfare and the environment. Interimmeasures should, to the greatest extent practicable, beconsistent with the objectives of and contribute to theperformance of any remedy that may be required pursuant toSection 809. The following factors shall be considered by anowner or operator in determining whether interim measures arenecessary:

a. time required to develop and implement a finalremedy;

b. actual or potential exposure of nearbypopulations or environmental receptors to hazardous constituents;

c. actual or potential contamination of drinkingwater supplies or sensitive ecosystems;

d. further degradation of the ground water thatmay occur if remedial action is not initiated expeditiously;

e. weather conditions that may cause hazardousconstituents to migrate or be released;

f. risks of fire or explosion, or potential forexposure to hazardous constituents as a result of an accident orfailure of a container or handling system; and

g. other situations that may pose threats topublic health, welfare and the environment.

[8-17-941

B. An owner or operator may determine, based on

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information developed after implementation of the remedy hasbegun or other information, that compliance with requirements ofSection 809.B are not being achieved through the remedy selected.In such cases, the owner or operator shall implement othermethods or techniques that could practicably achieve compliancewith the requirements, unless the owner or operator makes thedetermination under paragraph C of this section. [8-17-94]

C. If the owner or operator determines that compliancewith requirements under Section 809.B cannot be practicallyachieved with any currently available methods, the owner oroperator shall:

1. obtain certification of a qualified ground waterscientist and approval by the Secretary that compliance withrequirements under Section 809.B cannot be practically achievedwith any available methods;

2. implement alternate measures to control exposure toresidual contamination, as necessary, to protect public health,welfare and the environment; and

3. implement alternate measures for control of thesources of contamination, or for removal or decontamination ofequipment, units, devices, or structures that are:

a. technically practicable; and

b. consistent with the overall objective of theremedy;

4. notify the Secretary within 14 days with a reportjustifying the alternative measures prior to implementing thealternative measures.

[8-17-94]

D. All solid wastes that are managed pursuant to Section809, or an interim measure required under Subsection A.3 of thissection, shall be managed in a manner which:

1. is protective of public health, welfare and theenvironment; and

2. complies with applicable RCRA requirements.

[8-17-94]

E. Remedies selected pursuant to Section 809 shall beconsidered complete when:

1. the owner or operator complies with the groundwater protection standards established under Section 806 at allpoints within the plume of contamination that lie beyond theground water monitoring well system established under Section802;

2. compliance with the CALs established under Section806 has been achieved by demonstrating that concentrations ofTable I and II constituents have not exceeded the CAL(s) for a


Solid Waste Management -- 2ONMAC9. 1 of 170

period of three (3) consecutive years. Upon EPA approval of theState program in the Federal Register, the Secretary may specifyan alternative length of time during which the owner or operatorshall demonstrate that concentrations of Table I and IIconstituents have not exceeded CAL(s) taking into consideration:

a. extent and concentration of the release(s);

b. behavior characteristics of the hazardousconstituents in the ground water;

c. accuracy of monitoring or modeling techniques,including any seasonal, meteorological, or other environmentalvariabilities that affect the accuracy; and

d. characteristics of the ground water; and

3. all actions required to complete the remedy havebeen satisfied.

[8-17-94]

F. Upon completion of the remedy, the owner or operatorshall notify the Secretary within 14 days with a certificationthat the remedy has been completed in compliance with therequirements of paragraph E of this section. The certificationshall be signed by a qualified ground water scientist andapproved by the Secretary. [8-17-94]

G. When, upon completion of the certification, the owneror operator determines that the corrective action remedy has beencompleted in accordance with the requirements under Subsection Eof this section, the owner or operator shall be released from therequirements for financial assurance for corrective action underSubpart IX. [8-17-94; 11-30-95]

811. CONTINGENCY PLAN. [1-30-92]

A. This section applies to owners and operators of allsolid waste facilities except as otherwise provided. [1-30-92]

B. Each owner or owner or operator shall have acontingency plan for each solid waste facility. The contingencyplan shall be designed to minimize hazards to public health,welfare or the environment from fires, explosions, or anyunplanned sudden or non-sudden release of contaminants orhazardous waste constituents to air, soil, surface water orground water. [1-30-92; 8-17-941

C. The provisions of the plan shall be carried outimmediately whenever there is a fire, explosion, or release ofcontaminants or hazardous waste constituents which could threatenpublic health, welfare or the environment. [1-30-92; 8-17-94]

D. The contingency plan for emergencies shall, ifapplicable:

1. describe the actions facility personnel must takein response to fires, explosions, or releases of contaminants orhazardous waste constituents to air, soil, surface water, or

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Solid Waste Management-- 20NMAC9.1 of 170

ground water;

2. describe arrangements with local policedepartments, fire departments, hospitals, contractors, and stateand local emergency response teams to coordinate emergencyservices;

3. list name(s), address(es), and phone numbers(office and home) of the emergency coordinator(s). Where morethan one person is listed, one must be named as the primaryemergency coordinator;

4. include a list of all emergency equipment at thefacility (such as fire extinguishing systems, spill controlequipment, communications and alarm systems and decontaminationequipment), where this equipment is required. This list must bekept up to date. In addition, the plan must include the locationand a physical description of each item on the list and a briefoutline of its capabilities;

5. include an evacuation plan for facility personnel.The plan must describe signal(s) to be used to begin evacuation,evacuation routes, and alternate evacuation routes in cases wherethe primary routes could be blocked by fire or releases ofhazardous wastes;

6. include an evaluation of expected contaminants,expected media contaminated, and procedures for investigation,containment, and correction or remediation;

7. list where copies of the contingency plan will bes- kept, which must include the facility, all local police

departments, fire departments, hospitals, and State and localemergency response teams;

8. indicate when the contingency plan will be amended,which shall be immediately if necessary, whenever:

a. the facility permit is revised or modified;

b. the plan fails in an emergency;

c. the facility changes, design, construction,operation, maintenance or other circumstances in a way thatincrease the potential for fires, explosions, or releases ofhazardous waste constituents, or changes the response necessaryin an emergency;

d. the list of Emergency Coordinators changes; or

e. the list of emergency equipment changes.

9. describe how the Emergency Coordinator or hisdesignee, whenever there is an imminent or actual emergencysituation, will immediately;

a. activate internal facility alarms orcommunication systems, where applicable, to notify all facilitypersonnel; andb. notify appropriate State and local agencies

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Solid Waste Management -- 2ONMAC9.1 of 170

with designated response roles if their help is needed.

10. describe how the Emergency Coordinator, wheneverthere is a release, fire, or explosion, will immediately identify

the character, exact source, amount, and extent of any releasematerials. She or he may do this by observation or review offacility records or manifests, and, if necessary, by chemical

analysis. Also describe how the Emergency Coordinator will

concurrently assess possible hazards to public health, welfare or

the environment that may result from the release, fire, or

explosion. This assessment must consider both the direct and

indirect hazard of the release, fire, or explosion;

11. describe how if the facility stops operations in

response to fire, explosion, or release, the EmergencyCoordinator will monitor for leaks, pressure buildup, gas

generation or rupture in valves, pipes, or the equipment,wherever this is appropriate;

12. describe how the Emergency Coordinator, immediately

after an emergency, will provide for treating, storing, or

disposing of recovered waste, or any other material that results

from a release, fire, or explosion at a facility. Such methods

for treating, storing, or disposing of recovered waste must be

approved by the Secretary; and

13. describe how the Emergency Coordinator will ensure

that no waste, which may be incompatible with the releasedmaterial, is treated, stored, or disposed of until cleanup

procedures are complete.

[1-30-92; 8-17-94]

812. - 899. [RESERVED.]

SUBPART IXFINANCIAL ASSURANCE

900. [RESERVED.]

901. APPLICABILITY AND EFFECTIVE DATE. [8-17-94]

A. The requirements of this Subpart apply to owners andoperators of all solid waste facilities, except owners and

operators who are the United States, the State of New Mexico, and

any agency, department, instrumentality, office, or institution

of those governments whose debts and liabilities are the debts

and liabilities of the United States or the State of New Mexico.

[8-17-94; 11-30-95]B. The requirements of this Subpart are effective upon theearliest of:

1. when an owner or operator seeks a permit;

2. when an owner or operator seeks a permit to modify

their facility;

3. when the Secretary has requested a permit

application; or



4. when the date for compliance with financialassurance provisions established in 40 CFR 5258.70, Subpart G -

Financial Assurance Criteria, takes effect.

[8-17-94; 11-30-95]

C. Multiple facilities under one permit shall be treatedindividually for the purposes of this Subpart. Estimates andassurance must be given for each facility, yet multiplefacilities may be covered by one or more mechanisms. [8-17-94;11-30-95]

902. FINANCIAL ASSURANCE FOR CLOSURE. [8-17-94]

A. The owner or operator must have a detailed writtenestimate, in current dollars, of the cost of hiring a third partyto close the largest area of the facility ever requiring closureas required under Subpart V at any time during the active life inaccordance with the closure plan. The estimate may contain asubsidiary schedule showing the amount necessary to performclosure of the facility in each year of the permit life of thefacility. The owner or operator must place a copy of the estimatein the operating record and file the same with the Secretary.

1. For landfills, the cost estimate must equal thecost of closing the largest area of all landfill cells everrequiring a final cover at any time during the active life whenthe extent and manner of its operation would make closure themost expensive, as indicated by its closure plan (see Section 502of this Part). Should the owner or operator submit a subsidiaryschedule as described in paragraph A of this section, the amountguaranteed annually may be in accordance with this schedule uponapproval by the Secretary. If the owner or operator, uponinspection, is found to be utilizing acreage in excess of theamount shown in the subsidiary schedule, final closure on theexcess acreage must be completed within sixty days or thesubsidiary schedule and the amount of financial assurance must beincreased to reflect the excess acreage.

2. For all other facilities, the cost estimate mustequal the cost of closure to be performed in accordance with theapplicable portions of Sections 503, 504, or 505.

3. During the active life of the facility, the owneror operator must annually adjust the closure cost estimate forinflation.

4. The owner or operator must increase the closurecost estimate and the amount of financial assurance providedunder paragraph C of this section if changes to the closure planor facility conditions increase the maximum cost of closure atany time during the remaining active life.

5. The owner or operator may reduce the closure costestimate and the amount of financial assurance provided underparagraph C of this section if the cost estimate exceeds themaximum cost of closure at any time during the remaining life ofthe facility, upon approval by the Secretary. The owner oroperator must notify the Secretary that the justification for the

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reduction of the closure cost estimate and the amount offinancial assurance has been placed in the operating record.

[8-17-94; 11-30-951

B. All estimates provided pursuant to this section aresubject to review and approval by the Secretary and shall be kepton file with the Secretary. [8-17-941

C. The owner or operator of each solid waste facility mustestablish financial assurance for closure of the facility in

compliance with Section 906. The owner or operator must provide

continuous coverage for closure until released from financial

assurance requirements by demonstrating compliance withSubpart V. This demonstration shall be considered given when the

Secretary has received certification that all the requirements ofSubpart V of this Part have been met. Following receipt of this,the Secretary will either:

1. notify the owner or operator in writing that s/heis no longer required to maintain financial assurance for theactivities required by Subpart V; or

2. provide the owner or operator with a detailedwritten statement of any reason to believe that the activitiesrequired under Subpart V have not been conducted satisfactorily.

[8-17-94; 11-30-95]

D. Owners or operators who consider their estimatesprovided under this section to be confidential under 18 U.S.C.

Section 1905, may submit their reasons for this treatment along

with the estimate. Upon a determination that confidentialtreatment is accorded, the Secretary will treat the appropriateportions as confidential. Such information, however, may be

disclosed as required by law. [8-17-94]

903. FINANCIAL ASSURANCE FOR POST-CLOSURE. [8-17-94]

A. The owner or operator must have a detailed written

estimate, in current dollars, of the cost of hiring a third party

to conduct post-closure care for the facility in compliance withthe post-closure care plan developed under Subpart V of thisPart. The post-closure cost estimate used to demonstrate

financial assurance in paragraph C of this section must account

for the total costs of conducting post-closure care, including

annual and periodic costs as described in the post-closure plan

over the entire post-closure care period. The owner or operatormay submit a subsidiary schedule showing, for the permit life of

the facility, the annual incremental acreage and total acreageneeding post-closure care and the corresponding estimate of post-closure costs. The owner or operator must notify the Secretarythat the estimate has been placed in the operating record andfile the same with the Secretary.

1. The cost estimate for post-closure care must bebased on the most expensive costs for post-closure care during

the post-closure care period. Should the owner or operatorsubmit a subsidiary schedule as described in paragraph A of this

section, the amount guaranteed annually for post-closure care

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during the permit life of the facility may be in accordance withthis schedule upon approval by the Secretary. If the owner oroperator, upon inspection, is found to have exceeded the acreageshown on the subsidiary schedule, the subsidiary schedule and theamount of financial assurance shall be increased within sixtydays.

2. During the permit life of the facility and duringthe post-closure care period, the owner or operator must annually

adjust the post-closure care estimate for inflation.

3. The owner or operator must increase the post-closure care cost estimate and the amount of financial assurance

provided under paragraph C of this section if changes in the

post-closure care plan or facility conditions increase the

maximum cost of post-closure care.

4. The owner or operator may reduce the post-closurecost estimate and the amount of financial assurance provided

under paragraph C of this section if the cost estimate exceeds

the maximum cost of post-closure care remaining over the post-

closure care period, upon approval by the Secretary. The owner or

operator must notify the Secretary that the justification for the

reduction of the post-closure cost estimate and the amount of

financial assurance have been placed in the operating record.

[8-17-94; 11-30-95]

B. All estimates provided pursuant to this section aresubject to review and approval by the Secretary and shall be kept

on file with the Secretary. [8-17-94]

C. The owner or operator of each solid waste facility must

establish, in a manner in accordance with Section 906 of this

Part, financial assurance for the costs of post-closure care as

required under Subpart V of this Part. The owner or operator

must provide continuous coverage for post-closure care untilreleased from financial assurance requirements by demonstrating

compliance with Subpart V. This demonstration shall be considered

given when the Secretary has received certification that all therequirements of Subpart V of this Part have been met. Following

receipt of this, the Secretary will either:

1. notify the owner or operator in writing that s/heis no longer required to maintain financial assurance for the

activities required by Subpart V; or

2. provide the owner or operator with a detailedwritten statement of any reason to believe that the activities

required under Subpart V have not been conducted satisfactorily.

[8-17-94; 11-30-951


Section 1905, may submit their reasons for this treatment along

with the estimate. Upon a determination that confidentialtreatment is accorded, the Secretary will treat the appropriate

portions as confidential. Such information, however, may be

disclosed as required by law. [8-17-94]

Page I9Y ot 1 /u



904. FINANCIAL ASSURANCE FOR PHASE I & PHASE II ASSESSMENT.[8-17-94]

A. Unless suspended-from the requirements of Subpart VIIIaccording to the qualifications in 801.C., the owner or operatormust have a detailed written estimate, in current dollars, of thecost of hiring a third party to conduct activities of the Phase I(Section 806) and Phase II (Sections 808 and 809) assessment asdescribed in Subpart VIII of this Part. The Phase I and Phase IIassessment costs estimate must account for the entire cost of thePhase I and Phase II assessment for the entire assessment period.The owner or operator must notify the Secretary that the estimatehas been placed in the operating record and file the same withthe Secretary.

1. During the permit life of the facility and duringthe post-closure care period, the owner or operator must annuallyadjust the Phase I and Phase II assessment estimate forinflation.

2. The owner or operator must increase the Phase I andPhase II cost estimate and the amount of financial assuranceprovided under paragraph C of this section if changes in thePhase I and Phase II assessment or facility conditions increasethe maximum costs of Phase I and Phase II assessment.

3. The owner or operator may reduce the amount of thePhase I and Phase II assessment cost estimate and the amount offinancial assurance provided under paragraph C of this section ifthe cost estimate exceeds the maximum remaining cost for thePhase I and Phase II assessment, upon approval by the Secretary.The owner or operator must notify the Secretary that thejustification for the reduction of the Phase I and Phase IIassessment cost estimate and the amount of financial assurancehave been placed in the operating record.

[8-17-94; 11-30-95]

B. All estimates provided pursuant to this section aresubject to review and approval by the Secretary and shall be kepton file with the Department. [8-17-94]

C. The owner or operator of each solid waste facility mustestablish, in a manner in accordance with Section 906 of thisPart, financial assurance for the costs of Phase I and Phase IIassessment care as required under Subpart VIII of this Part. Theowner or operator must provide continuous coverage for the PhaseI and Phase II assessment until released from financial assurancerequirements by demonstrating compliance with Subpart V of thisPart. This demonstration shall be considered given when theSecretary has received certification that all the requirements ofSubpart V of this Part have been met. Following receipt of this,the Secretary will either:

1. notify the owner or operator in writing that s/heis no longer required to maintain financial assurance for thePhase I and Phase II assessment specified in Subpart VIII; or

2. notify the owner or operator in writing of any

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Solid Waste Management - 20NMAC9.I Page I I 1 of 170

reason why s/he will be required to maintain financial assurancefor the Phase I and Phase II assessment specified inSubpart VIII.

[8-17-94; 11-30-95]


Section 1905, may submit their reasons for this treatment alongwith the estimate. Upon a determination that confidentialtreatment is accorded, the Secretary will treat the appropriateportions as confidential. Such information, however, may bedisclosed to officers, employees, or authorized representativesof the United States concerned with carrying out the federalResource Conservation and Recovery Act of 1976, 42 U.S.C. 6902 etseq., or when relevant in any proceedings under the Solid WasteAct. E8-17-94]

905. FINANCIAL ASSURANCE FOR CORRECTIVE ACTION. [8-17-94]

A. An owner or operator of a facility required toundertake a corrective action program under Subpart VIII of thisPart must have a detailed written estimate, in current dollars,of the cost of hiring a third party to perform the correctiveaction in accordance with the program required under Subpart VIIIof this Part. The corrective action cost estimate must accountfor the total costs of corrective action activities as describedin the corrective action plan for the entire corrective actionperiod. The owner or operator must notify the Secretary that theestimate has been placed in the operating record and file thesame with the Secretary.

1. The owner or operator must annually adjust theestimate for inflation until the corrective action program iscompleted in accordance with Subpart VIII of this Part.

2. The owner or operator must increase the correctiveaction cost estimate and the amount of financial assuranceprovided under paragraph D of this section if changes in thecorrective action program or facility conditions increase themaximum costs of corrective action.

3. The owner or operator may reduce the amount of thecorrective action cost estimate and the amount of financialassurance provided under paragraph D of this section if the costestimate exceeds the maximum remaining cost corrective action,

upon approval by the Secretary. The owner or operator mustnotify the Secretary that the justification for the reduction of

the corrective action cost estimate and the amount of financial

assurance have been placed in the operating record.

[8-17-94; 11-30-95]

B. An owner or operator of a facility required to

guarantee any portion of a corrective action program as a

condition of any permit or decision by the Secretary based upon

factual information presented in an adjudicatory hearing process,must have a detailed written estimate, in current dollars, of the

- cost of hiring a third party to perform the corrective action in

accordance with the conditions of the permit or the Secretary's



decision. The corrective action cost estimate must account forthe total costs of the corrective action activities as describedin the permit condition or the Secretary's decision. The owneror operator must notify the Secretary that the estimate has beenplaced in the operating record and file the same with theSecretary.

1. The owner or operator must annually adjust theestimate for inflation until the corrective action program iscompleted in accordance with Subpart VIII of this Part.

2. The owner or operator must increase the correctiveaction cost estimate and the amount of financial assuranceprovided under paragraph D of this section if changes in thecorrective action program or facility conditions increase themaximum costs of corrective action.

3. The owner or operator may reduce the amount of thecorrective action cost estimate and the amount of financialassurance provided under paragraph D of this section if the costestimate exceeds the maximum remaining cost corrective action,upon approval by the Secretary. The owner or operator mustnotify the Secretary that the justification for the reduction ofthe corrective action cost estimate and the amount of financialassurance have been placed in the operating record.

18-17-94; 11-30-95]

C. All estimates provided pursuant to this section aresubject to review and approval by the Secretary and shall be kepton file with the Secretary. [8-17-94; 11-30-95]

D. The owner or operator of each solid waste facilityrequired to provide assurance for a corrective action programunder Subpart VIII of this Part must establish, in a manner inaccordance with Section 906 of this Part, financial assurance forthe most recent corrective action program or if required as acondition of a permit or a decision by the Secretary based uponfactual information presented in an adjudicatory hearing process.The owner or operator must provide continuous coverage forcorrective action until released from financial assurancerequirements by demonstrating compliance with Subpart VIII in theevent of a corrective action or with Subpart V at the terminationof the post-closure period. This demonstration shall beconsidered given when the Secretary has received certificationthat all the requirements of the appropriate Subpart of this Parthave been met. Following receipt of this, the Secretary willeither:

1. notify the owner or operator in writing that s/heis no longer required to maintain financial assurance pursuant tothis section; or

2. notify the owner or operator in writing of anyreason why s/he will be required to maintain financial assurancefor the corrective action activities specified in Subpart VIII orspecified as part of a decision by the Secretary pursuant to thissection.

[8-17-94; 11-30-95]

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906. ALLOWABLE MECHANISMS. The mechanisms used to demonstratefinancial assurance under this section must ensure that the fundsnecessary to meet the costs of closure, post-closure care, thePhase I and Phase II assessment, and corrective action for knownreleases, condition of a permit, or by order of the Secretarywill be available whenever they are needed. Owners or operatorsmust choose from the options specified in paragraphs A through Hof this section. Mechanisms executed for financial assurancepursuant to this section shall be payable to or name the NewMexico governmental entity or entities who own or operate thefacility ies) as the beneficiary of the instrument, and if no NewMexico governmental entity or entities own or operate thefacility(ies) then the instrument shall be made payable to orname the State of New Mexico as the beneficiary. (6-17-94]

A. Trust Fund.

1. An owner or operator may demonstrate financialassurance for closure, post closure, the Phase I and Phase IIassessment, or corrective action by establishing a Trust fundworded as in the forms supplied by the Secretary (see Section1102). This Trust fund may also be used as a repository forfunds received from other mechanisms specified in this section.The Trust shall be established as follows:

a. Payments into the Trust fund must be made atleast annually but may be made on a more frequent basis by theowner or operator over the term of the initial permit or over theremaining life of the facility, whichever is shorter, in the caseof a Trust fund for closure, post closure, or the Phase I andPhase II assessment, or over one-half of the estimated length ofthe corrective action period for known releases, or in the timeperiod specified by the permit condition or the Secretary'sdecision. This period is referred as the pay-in period.

b. For a Trust fund used to demonstrate financialassurance for closure, post closure, and the Phase I and Phase IIassessment, the first payment into the fund must be at leastequal to the current cost estimate approved by the Secretary forclosure, post closure, or the Phase I and Phase II assessmentdivided by the number of years in the pay-in period as defined inparagraph A.l.(a) of this section. The amount of subsequentpayments must be determined by the following formula:

CE-CVNext Payment = -------------

y

where CE is the current cost estimate for closure, post closure,or the Phase I and Phase II assessment (updated for inflation orother changes), CV is the current value of the Trust fund, and Yis the number of years remaining in the pay-in period.

c. For a Trust fund used to demonstrate financialassurance for corrective action, the first payment into the Trustfund must be at least equal to one-half of the current costestimates approved by the Secretary for corrective action dividedby the number of years in the corrective action pay-in period asdefined in paragraph A.l.(a) of this section. The amount of

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subsequent payments must be determined by the following formula:

R-CNext Payment = -------------

Y

where R is the most recent estimate of the required Trust fundbalance for corrective action (i.e. the total costs that will beincurred during the second half of the corrective action period,if for a known release; the remaining costs of the portionspecified as a condition of a permit or decision by theSecretary), C is the current value of the Trust fund, and Y isthe number of years remaining on the pay-in period.

d. The initial payment into the Trust fund must bemade before the initial receipt of waste or before the effectivedate of this section, whichever is later, in the case of closure,post closure, and the Phase I and Phase II assessment, or nolater than 120 days after the corrective action remedy has beenselected in accordance with Subpart VIII, the permit issuance, orthe Secretary's decision.e. If the owner or operator establishes a Trustfund after having used one or more alternate mechanisms specifiedin this section, the initial payment into the Trust fund must beat least equal the amount that the fund would contain if theTrust fund were established initially and annual payments madeaccording to the specifications of this paragraph.

f. The owner or operator, or other personauthorized to conduct closure, post closure care, the Phase I andPhase II assessment, or corrective action activities may requestreimbursement from the Trust for these expenditures. Unless thereis an imminent threat to public health, welfare and safety orthe environment, or undue economic hardship would delay theimplementation or cease the maintenance of the corrective actionprogram, requests for reimbursement will be granted by theSecretary only if sufficient funds are remaining in the Trustfund to cover the remaining costs of closure, post closure, thePhase I and Phase II assessment, or corrective action, and ifjustification and documentation of the cost is filed with theSecretary and placed in the operating record. Withdrawal of anyfunds from the Trust shall be directed in writing to the Trusteeby the Secretary.

g. The Trust fund may be terminated by the owneror operator only if the owner or operator substitutes alternatefinancial assurance as specified in this section or if s/he is nolonger required to demonstrate financial responsibility inaccordance with the requirements of Sections 902.C, 903.C,904.C, or 905.D.

h. Trustees shall be Trust companies, or banksauthorized to do business as a Trust company in New Mexico underthe Trust Company Act, NMSA 1978 Section 58-9-4 or 58-10-35, orauthorized under Federal law.

2. A copy of the Trust agreement, quarterly and annualreports of the Trustee on the Trust fund balance shall be kept onfile with the Secretary.

of 170



[8-17-94; 11-30-95]

B. Surety Bond Guaranteeing Payment or Performance.

1. An owner or operator may demonstrate financialassurance for closure, post closure, the Phase I and Phase IIassessment, or corrective action by obtaining a Performance Bondpayable to the Trust outlined in 905.A, or payable to a standbyTrust fund set up by the owner or operator and worded as in theforms supplied by the Secretary (see Sections 1102, 1103, and1104,). The bond must be effective before the initial receipt ofwaste or before the effective date of this section as specifiedin 901.B, whichever is later, in the case of closure, postclosure, and the Phase I and Phase II assessment, or no laterthan 120 days after the corrective action remedy has beenselected in accordance with the requirements of Subpart VIII, thepermit issuance, or the Secretary's decision. The owner oroperator must notify the Secretary that a copy of the bond hasbeen placed in the operating record and file the same with theSecretary. Companies providing Performance Bonds shall beadmitted carriers, licensed carriers, or registered carriers ofsurplus lines insurance and authorized in the State of NewMexico to do business and be among those listed as acceptablesureties on Federal bonds in Circular 570 of the U.S. Departmentof the Treasury;

a. The penal sum of the bond must be in an amountat least equal to the current closure, post closure, the Phase Iand Phase II assessment, or corrective action cost estimateexcept as provided under 906.1.

b. Under the terms of the bond, the surety willbecome liable on the bond obligation when the owner or operatorfails to perform as guaranteed by the bond.

c. Payments made under the terms of the bond willbe deposited by the surety directly into the Trust fund orstandby Trust fund. Payments from the Trust fund must beapproved by the Secretary.

2. A copy of the Performance Bond, the latest annualfinancial statement of the Surety, and the Trust agreement or thestandby Trust agreement shall be kept on file with the Secretary.

[8-17-94; 11-30-95]

C. Irrevocable Letter of Credit.

1. An owner or operator may demonstrate financialassurance for closure, post closure, the Phase I and Phase IIassessment, or corrective action by obtaining an irrevocablestandby letter of credit worded as in the forms supplied by theSecretary (see Section 1107) payable to the Trust outlined in905.A or payable to a standby trust fund established inconformity to the requirements of this Subpart. A letter ofcredit shall not constitute more than fifty percent (50%) of thetotal financial responsibility required. The letter of creditmust be effective before the initial receipt of waste or beforethe effective date of this Subpart, whichever is later, in thecase of closure, post-closure, and the Phase I and Phase II



assessment, or no later than 120 days after the corrective actionremedy has been selected in accordance with Subpart VIII, thepermit issuance, or the Secretary's decision. The owner oroperator must notify the. Secretary that a copy of the letter ofcredit has been placed in the operating record. The issuinginstitution must be an entity which has the authority to issueletters of credit and whose letter of credit operations areregulated and examined by a Federal or State of New Mexicoagency. At a minimum, the issuing institution must be authorizedto transact business in the State of New Mexico.

2. A letter from the owner or operator referring tothe letter of credit by number, issuing institution, issue date,and providing the name and address of the facility, and theamount of funds assured, must be included with the letter ofcredit in the operating record.

3. The institution issuing the letter of credit shallbe an institution with assets of at least one billion dollars($1,000,000,000). If the issuing institution is less than thisamount in assets, the letter of credit must be fullycollateralized by the owner or operator to be acceptable underthis section.

4. The letter of credit must be irrevocable and issuedfor a period of at least one year in an amount for the currentcost estimate for closure, post-closure cars, or correctiveaction, whichever is applicable. The letter of credit mustprovide that the expiration date will be automatically extendedfor a period of at least one year unless the issuing institutionhas canceled the letter of credit by sending notice ofcancellation by certified mail to the owner or operator and tothe Secretary 120 days in advance of cancellation. If the letterof credit is canceled by the issuing institution, the owner oroperator must obtain alternate financial assurance.

5. The Trust fund or standby Trust fund set up by theowner or operator shall be worded as in the forms supplied by theSecretary (see Sections 1102 and 1104).

a. The letter of credit shall provide forperformance of any of the items listed in 902, 903, 904, or 905by the payment into the Trust fund or standby Trust Fund of

amounts up to the total in the event that the owner or operatorfails to perform any or all of the requirements.

6. The owner or operator may cancel the letter ofcredit only if alternate financial assurance is substituted asspecified in this section or if the owner or operator is nolonger required to demonstrate financial responsibility inaccordance with the requirements of this Subpart.

7. A copy of the letter of credit, the latest annualfinancial statement of the issuing institution, and the Trustfund or standby Trust fund agreement shall be kept on file withthe Secretary.

(8-17-94; 11-30-951

D. Insurance.

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1. An owner or operator may demonstrate financialassurance for closure, post closure, or the Phase I and Phase IIassessment by obtaining insurance which conforms to therequirements of this Subpart. The insurance must be effectivebefore the initial receipt of waste or before the effective dateof this Subpart, whichever is later, in the case of closure,post-closure, and the Phase I and Phase II assessment, or nolater than 120 days after the corrective action remedy has beenselected in accordance with Subpart VIII, the permit issuance, orthe Secretary's decision. At a minimum, the insurer must beauthorized to transact the business of insurance in the State ofNew Mexico and have an asset size of one hundred million dollars($100,000,000) or greater or an admitted carrier, a licensedcarrier or a registered carrier of surplus lines insurance orreinsurance and authorized to transact the business of insurancein the State of New Mexico and have either a surplus of not lessthan twenty-five million dollars ($25,000,000) above undiscountedactuarial reserves including incurred but not reported (IBNR)claims, or have an AM BEST Rating of not less than a B+ or theequivalent rating of other recognized Rating Companies. Theowner or operator must notify the Secretary that a copy of theinsurance policy has been placed in the operating record. Acertificate of insurance worded as in the form supplied by theSecretary (see Section 1106) shall be filed with the Secretary.

2. The closure, post-closure care insurance policymust guarantee that funds will be available to close the facilitywhenever final closure occurs or is required, or to provide post-closure care for the facility whenever the post-closure careperiod begins, or to provide the Phase I and Phase II assessmentwhenever required, whichever is applicable. The policy must alsoguarantee that once closure, post-closure care, or the Phase Iand Phase II assessment begins, the insurer will be responsiblefor the paying out of funds to the owner or operator or otherpersons authorized to conduct closure or post-closure care, up toan amount equal to the face amount of the policy.

3. The insurance policy must be issued for a faceamount at least equal to the current cost estimate as developedin 902, 903, or 904 or for a pro-rata amount if used inconjunction with other mechanisms. The term face amount meansthe total amount the insurer is obligated to pay under thepolicy. Actual payments by the insurer will not change the faceamount, although the insurer's future liability will be loweredby the amount of the payments.

4. An owner or operator, or any other personauthorized to conduct closure, post-closure, the Phase I Phase IIassessment may receive reimbursements for closure, post-closure,or the Phase I and Phase II assessment expenditures, whichever isapplicable. Requests for reimbursement will be granted by theinsurer only if the remaining value of the policy is sufficientto cover the remaining costs of care, and if justification anddocumentation of the cost is placed in the operating record andthat reimbursement has been received.

5. Each policy must contain a provision allowingassignment of the policy to a successor owner or operator. Suchassignment may be conditional upon consent of the insurer,



provided that such consent is not unreasonably refused.

6. The insurance policy must provide that the insurermay not cancel, terminate or fail to renew the policy except forfailure to pay the premium. The automatic renewal of the policymust, at minimum, provide the insured with the option of renewalat the face amount of the expiring policy. If there is a failureto pay the premium, the insurer may cancel the policy by sendingnotice of cancellation by certified mail to the owner oroperator, and to the Secretary, 120 days in advance ofcancellation. If the insurer cancels the policy, the owner oroperator must obtain alternate financial assurance as specifiedin this section.

7. For insurance policies providing coverage for post-closure care, commencing on the date that liability to makepayments pursuant to the policy accrues, the insurer willthereafter annually increase the face amount of the policy. Suchincrease must be equivalent to the face amount of the policy,less any payments made, multiplied by an amount equivalent toeighty five percent (85%) of the most recent investment rate orof the equivalent coupon-issue yield announced by the U.S.Treasury for 26-week Treasury securities.

B. The owner or operator may cancel the insurancepolicy only if alternate financial assurance is substituted asspecified in this section or if the owner or operator, is nolonger required to demonstrate financial responsibility inaccordance with the requirements of 902 or 903.

9. A copy of the insurance policy and the latestannual financial statement of the insurer shall be kept on filewith the Secretary. The owner or operator shall report anychanges in either surplus or rating to the Secretary. Inaddition, a copy of the latest annual rating (if applicable) anda copy of the latest audited financial statements shall beforwarded by the insurer to the owner or operator and theSecretary.

18-17-94; 11-30-951

E. Risk Management Pool.

1. An owner or operator may demonstrate financialassurance for closure, post closure, the Phase I and Phase IIassessment, or corrective action by joining a risk managementpool. Participation in an approved risk management pool must beeffective before the initial receipt of waste or before theeffective date of this Subpart, whichever is later, in the caseof closure, post-closure, and the Phase I and Phase IIassessment, or no later than 120 days after the corrective actionremedy has been selected in accordance with Subpart VIII, thepermit issuance, or the Secretary's decision. Approved poolswill incorporate any mechanisms or combination of mechanisms inSection 906 and have the following characteristics:

a. is evidenced by a written contractual agreementamong participating private entities or a Joint Powers Agreementamong participating governmental entities;


Solid Waste Management -- 20NMAC9.1 Page II 9 of 170

b. would not be in violation of the anti-donationclause of the New Mexico State Constitution if funds were used;

C. is liquid in nature allowing for promptinitiation and payment of closure, post closure, the Phase I andPhase II assessment, or corrective action activities;

d. has a defined annual contribution table thatprovides for timely periodic payments from the risk sharers;

e. provides for guaranteed and timely supplementalfunding in the event of an incident that depletes the assets ofthe pool;

f. has incorporated in its framework a Trust fundor standby Trust fund that conforms with Section 906.A.

2. A copy of the agreement establishing the riskmanagement pool, demonstration there is no violation of the anti-donation clause, the contribution table, the Trust fund orstandby Trust fund agreement, and any other guarantee documentsallowed under this section employed by the pool shall be kept onfile with the Secretary.

[8-17-94; 11-30-95]

F. Local Government Financial Test.

1. An owner or operator that satisfies therequirements of paragraphs F.2. through F.4. of this section maydemonstrate financial assurance up to the amount specified inparagraph F.5. of this section for closure, post closure, thePhase I and Phase II assessment, and/or corrective action.

2. Financial component.

a. The owner or operator must satisfy one of thefollowing:

(1) if the owner or operator has outstandinggeneral obligations bonds, it must have a current rating of Aaa,Aa, A, or Baa, as issued by Moody's, or AAA, AA, A, or EBB, asissued by Standard and Poor's on all outstanding generalobligation bonds; or,

(2) if the owner or operator does not haveoutstanding general obligation bonds, it must satisfy each of thefollowing financial ratios:

(a) a ratio of cash plus marketablesecurities to total expenditures greater than or equal to 0.05;and

(b) a ratio of annual debt service tototal expenditures less than or equal to 0.20; and

(c) a ratio of long-term debt issued andoutstanding to capital expenditures less than or equal to 2.00.

b. The owner or operator must prepare its



financial statements in conformity with Generally AcceptedAccounting Principles for governments.

c. An owner or operator is not eligible to assureits obligations under this Subsection F if it:

(1) is currently in default on any outstandinggeneral obligation bonds;

(2) has an outstanding general obligationbonds rated lower than Baa as issued by Moody's or BBE as issuedby Standard and Poor's;

(3) operated at a deficit equal to fivepercent or more of total annual revenue in either of the past twofiscal years; or

(4) receives an adverse opinion, disclaimer ofopinion, or other qualified opinion from the independentcertified public accountant (or appropriate State agency)auditing its financial statement as required under paragraphF.2.b. of this section. However, the Secretary may evaluatequalified opinions on a case-by-case basis and allow use of thefinancial test in cases where the Secretary deems thequalification insufficient to warrant disallowance of the test.

3. Public notice component. The local governmentowner or operator must place a reference to the closure, post-closure care, the Phase I and Phase II assessment, or correctiveaction costs assured through the financial test into its mostrecent comprehensive annual financial report or budget. Thereference must be included before the effective date of thisSubpart or prior to the initial receipt of waste at the facility,whichever is later, in the case of closure, post-closure care,and the Phase I and Phase II assessment, and, in the case ofcorrective action, not later than 120 days after the correctiveaction remedy has been selected in accordance with therequirements of Subpart VIII, the permit issuance, or theSecretary's decision. The reference must include the amount ofeach cost-estimate and the year(s) in which the local governmentexpects these costs to be incurred. References in the budgetmust occur as budgeted line items if the activities are to occurin the period covered by the budget, but may appear in asupplemental data section if the activities will not occur untilafter the period covered by the budget.

4. Recordkeeping and reporting requirements.

a. The local government owner or operator mustplace the following items in the facility's operating record:

(1) a letter signed by the local government'schief financial officer that:

(a) lists all the current cost estimatescovered by a financial test, as described in paragraph F.3. ofthis section;

(b) provides evidence and certifies thatthe local government meets the conditions of either paragraph

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F.2. and F.3. of this section; and

(c) certifies that the local government\-1, meets the conditions of-paragraph F.5. of this section;

(2) the local government's independentlyaudited year-end financial statements for the latest fiscal year,including the unqualified opinion of the auditor who must be anindependent, certified public accountant or an appropriate Stateagency that conducts equivalent comprehensive audits; and

(3) a report to the local government from thelocal government's independent certified public accountant or theappropriate State agency stating that:

(a) the certified public accountant orState agency has compared the data in the chief financialofficer's letter with the owner's or operator's independentlyaudited, year-end financial statements for the latest fiscalyear; and

(b) in connection with that examination,no matters came to his attention which caused him to believe thatthe data in the chief financial officer's letter should beadjusted.

b. the items required in paragraph F.4.a. of thissection must be placed in the facility operating record asfollows:

(1) in the case of closure, post-closure care,and the Phase I and Phase II assessment, either before theinitial receipt of waste at the facility or before the effectivedate of this Subpart, whichever is later; or

(2) in the case of corrective action, notlater than 120 days after the corrective action remedy isselected in accordance with the requirements of Subpart VIII, thepermit issuance, or the Secretary's decision.

c. After the initial placement of the items in thefacility's operating record, the local government owner oroperator must update the information and place the updatedinformation in the operating record within 90 days following theclose of the owner or operator's fiscal year.

d. The local government owner or operator is nolonger required to meet the requirements of paragraph F.4. ofthis section when:

(1) the owner or operator substitutesalternate financial assurance as specified in paragraph F.4.e. ofthis section; or

(2) the owner or operator is released from therequirements of this section in accordance with 902.C., 903.C.,904.C., or 905.D.

e. A local government must satisfy therequirements of the financial test at the close of each fiscal



year. If the local government owner or operator no longer meetsthe requirements of the local government financial test it must,within 120 days following the close of the owner or operator'sfiscal year, obtain alternative financial assurance that meetsthe requirements of this section, place the required submissionsfor that assurance in the operating record, and notify theSecretary that the owner or operator no longer meets the criteriaof the financial test and that alternate assurance has beenobtained.

f. The Secretary, based on a reasonable beliefthat the local government owner or operator may no longer meetthe requirements of the local government financial test, mayrequire additional reports of financial condition from the localgovernment at any time. If the Secretary finds, on the basis ofsuch reports or other information that the owner or operator nolonger meets the requirements of the local government financialtest, the local government must provide alternate financialassurance in accordance with paragraph F.4.e. of this section.

5. Calculation of costs to be assured. The portion ofthe closure, post-closure, the Phase I and Phase II assessment,and/or corrective action costs for which an owner or operator canassure under this paragraph F.5. is determined as follows:

a. If the local government owner or operator doesnot assure other environmental obligations through a financialtest, it may assure closure, post-closure, the Phase I and PhaseII assessment, and/or corrective action costs that equal up toforty three percent (43%) of the local government's total annualrevenue.

b. If the local government assures otherenvironmental obligations through a financial test, includingthose associated with UIC facilities under 40 CFR 144.62,petroleum underground storage tank facilities under 40 CFR part280, PCB storage facilities under 40 CFR part 761, and hazardouswaste treatment, storage, and disposal facilities under 40 CFRparts 264 and 265, it must add those costs to the closure, post-closure, the Phase I and Phase II assessment, and/or correctiveaction costs it seeks to assure under this paragraph F.S. Thetotal must not exceed forty three percent (43%) of the localgovernment's total annual revenue.

c. the owner or operator must obtain an alternatefinancial assurance instrument for those costs that exceed thelimits set in paragraphs F.5.a. and F.5.b. of this section.

[8-17-94]

G. Solid Waste Local Government Reserve Fund.

1. An owner or operator who is a governmental entitymay demonstrate financial assurance for closure, post closure,the Phase I and Phase II assessment, and/or corrective action byestablishing a reserve fund within its existing financialaccounting system which conforms to the wording in Section 1105.

The reserve fund must be created by resolution of the governingbody specifying the use of funds only for purposes of closure,post-closure, the Phase I and Phase II assessment, and/or

http://www.nmenv.state.nmn.us/NMEDregs/swb/20nmac9_I .html 8/15/2005


corrective action for the facility. The resolution must beeffective before the initial receipt of waste or before theeffective date of this Subpart, whichever is later, in the caseof closure, post-closure, and the Phase I and Phase IIassessment, or not later than 120 days after the correctiveaction remedy has been selected in accordance with Subpart VIII,the permit issuance, or the Secretary's decision. The resolutionmust specify withdrawals from the fund will only occur withapproval by the Secretary. Funding of the reserve fund will beaccording to the schedule specified in 906.A. At a minimum, thereserve fund must be audited annually by the State Auditor underthe Single Audit Act.

2. A copy of the resolution and audit reports of thereserve fund shall be kept on file with the Secretary.

[8-17-94; 11-30-95]

H. Local Government Guarantee.

1. An owner or operator may demonstrate financialassurance for closure, post-closure, the Phase I and Phase IIassessment, and/or corrective action, as required by Sections902, 903, 904, and/or 905 by obtaining a written guaranteeprovided by a local government. The guarantor must meet therequirements of the local government financial test in paragraph906.F. of this Subart, and must comply with the terms of awritten guarantee.

2. Terms of the written guarantee. The guarantee mustbe effective before the initial receipt of waste or before theeffective date of this section, whichever is later, in the caseof closure, post-closure care, or the Phase I and Phase IIassessment, or no later than 120 days after the corrective actionremedy has been selected in accordance with the requirements ofSubpart VIII, the permit issuance, or the Secretary's decision.The guarantee must provide that:

a. if the owner or operator fails to performclosure, post-closure care, the Phase I and Phase II assessment,and/or corrective action of a facility covered by the guarantee,the guarantor will:(1) perform, or pay a third party to perform,closure, post-closure care, and/or corrective action as required;or

(2) establish a fully funded trust fund asspecified in paragraph 906.A. of this section in the name of theowner or operator.

b. the guarantee will remain in force unless theguarantor sends notice of cancellation by certified mail to theowner or operator and to the Secretary. Cancellation may notoccur, however, during the 120 days beginning on the date ofreceipt of the notice of cancellation by both the owner oroperator and the Secretary, as evidenced by the return receipts.

c. if a guarantee is canceled, the owner oroperator must within 90 days following receipt of thecancellation notice by the owner or operator and the Secretary,

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obtain alternate financial assurance, place evidence of thatalternate financial assurance in the facility operating record,and notify the Secretary. If the owner or operator fails toprovide alternate financial assurance within the 90-day period,the guarantor must provide that alternate assurance within 120days following the close of the guarantor's fiscal year, obtainalternative assurance, place evidence of the alternate assurancein the facility operating record and notify the Secretary.

3. Recordkeeping and reporting.

a. The owner or operator must place a certifiedcopy of the guarantee along with the items required underparagraph 906.F.4. of this Subpart into the facility's operatingrecord before the initial receipt of waste or before theeffective date of this Subpart, whichever is later, in the caseof closure, post-closure care, or the Phase I and Phase IIassessment, or no later than 120 days after the corrective actionremedy has been selected in accordance with the requirements ofSubpart VIII, the permit issuance, or the Secretary's decision.

b. The owner or operator is no longer required tomaintain the items specified in paragraph H.2. of this sectionwhen:

(1) the owner or operator substitutesalternate financial assurance as specified in this section; or

(2) the owner or operator is released from therequirements of this section in accordance with 902.C, 903.C,904.C, or 905.D.

c. If a local government guarantor no longer meetsthe requirements of paragraph 906.F.2 of this Part, the owner oroperator must, within 90 days following the close of theguarantor's fiscal year obtain alternative assurance, placeevidence of the alternate assurance in the facility operatingrecord, and notify the Secretary. If the owner or operator failsto provide alternate financial assurance within the 90-dayperiod, the guarantor must provide that alternate assurancewithin 120 days.

[8-17-94; 11-30-95]

I. Use of Multiple Financial Mechanisms. An owner oroperator may satisfy the requirements of this section byestablishing more than one financial mechanism per facility. Themechanisms must be as specified in paragraphs A, B, C, D, E, F,G, and H of this section, except that it is the combination ofmechanisms, rather than the single mechanism, which must providefinancial assurance for an amount at least equal to the currentcost estimate approved by the Secretary for closure, post-closurecare, the Phase I and Phase II assessment, or corrective action,as applicable. A complete listing of the mechanisms and amountsguaranteed by each must be on file with the Secretary. [8-17-94;11-30-95]

907. - 999. [RESERVED.]

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SUBPART XMISCELLANEOUS

1000. [RESERVED.]

1001. VARIANCES. [6-2-74]

A. Any person seeking a variance from any requirement ofthis Part shall do so in accordance with 20 NMAC 1.4, PermitProcedures - Environment Department. [6-2-74; 5-14-89; 1-30-92;8-17-94; 11-30-95]

B. Variance petitions shall be accompanied by proof ofpublic notice as in accordance with the Act and with 20 NMAC 1.4,Permit Procedures - Environment Department. The public noticeshall:

1. contain the name of the owner and operator of thesolid waste facility;

2. address and telephone number at which interestedpersons may obtain further information;3. briefly describe for what the variance is beingsought and the proposed alternative;

4. state the time period for which the variance issought;

5. be provided by certified mail to the owners ofrecord, as shown by the most recent property tax schedule and taxexempt entities of record, of all properties:

a. within one hundred feet of the property onwhich the facility is located if the facility is in a Class A orH class county or a municipality with a population of more thantwo thousand five hundred (2,500) persons; or

b. within one-half mile of the property on whichthe facility is located in a county or municipality other thanthose specified in paragraph a of this subsection;

6. be provided by certified mail to all municipalitiesand counties within a 10 mile radius of the property on which thefacility is located;

7. be published once in a newspaper of generalcirculation in each county in which the property on which thefacility is located; this notice shall appear in either theclassified or legal advertisements section of the newspaper andat one other place in the newspaper calculated to give thegeneral public the most effective notice and, and whenappropriate shall be printed in both English and Spanish; and

8. be posted in at least four publicly accessible andconspicuous places, including the existing facility entrance onthe property on which the facility is located.

[1-30-92; 8-17-94; 11-30-95]

C. The Secretary shall deny the variance petition unless

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the petitioner establishes evidence that:

1. application of the regulation would result in anarbitrary and unreasonable taking of the applicant's property orwill impose an undue economic burden upon any lawful business,occupation or activity; and

2. granting the variance will not result in anycondition injurious to public health, safety or welfare or theenvironment.

[6-2-74; 5-14-89; 1-30-92; 8-17-94]D. No variance shall be granted until the Secretary hasconsidered the relative interests of the applicant, other ownersof property likely to be affected, and the general public.[1-30-921

E. Variance or renewal of a variance shall be granted fortime periods and under conditions consistent with reasons for thevariance but within the following limitations:

1. if the variance is granted on the grounds thatthere are no practicable means known or available for theadequate prevention of degradation of the environment or the riskto the public health, safety or welfare, it shall continue onlyuntil the necessary means for the prevention of the degradationor risk become known and available; or

2. if the variance is granted on the grounds that itis justified to relieve or prevent hardship of a kind other thanthat provided for in Paragraph (1) of this subsection, it shallnot be granted for more than one year.

[1-30-92]

F. The Department shall maintain a file, open to public

inspection, of all petitions for a variance, and the action takenon such petitions. [6-2-74; 5-14-89; 1-30-92]

G. Any variance or exemption granted by the Secretaryshall be reviewed for consistency with existing Federalregulations. [8-17-94]

1002. EXEMPTIONS. [1-30-92]

A. Any person seeking an exemption pursuant to NMSA 1978,

Section 74-9-32 shall do so by filing a written petition with the

Board, and serving a copy of the petition to the Secretary.[1-30-92]

B. A petition for exemption shall:

1. state each provision of the Act or this Part fromwhich exemption is sought;

2. cite, and have attached as exhibits, each provision

of applicable federal or state law the petitioner alleges that

imposes as stringent or more stringent requirements than those

imposed by the Act or this Part; and

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3. be signed by the petitioner or the petitioner'srepresentative; and

4. contain proof of public notice in accordance withthe Act's requirements for applications for solid waste disposalfacility permits.

[1-30-92; 11-30-95]

C. Each application filed with the Secretary for anexemption shall include proof that the applicant has providednotice of the filing of the application to the public and otheraffected individuals and entities. The notice shall be:

1. provided by certified mail to the owners of record,as shown by the most recent property tax schedule and tax exemptentities of record, of all properties:

a. within one hundred feet of the property onwhich the facility is located or proposed to be located if thefacility is or will be in a Class A or H county or a municipalitywith a population of more than two thousand five hundred (2,500)persons; or

b. within one-half mile of the property on whichthe facility is located or proposed to be located if the facilityis or will be in a county or municipality other than thosespecified in Subsection a of this section;

2. provided by certified mail to all municipalities,counties, and tribal governments in which the facility is or willbe located and to all municipalities, counties, and tribalgovernments within a ten mile radius of the property on which thefacility is proposed to be constructed, operated or closed;

3. published once in a newspaper of generalcirculation in each county in which the property in which thefacility is proposed to be constructed, operated or closed islocated; this notice shall appear in either the classified orlegal advertisements section of the newspaper and at one otherplace in the newspaper calculated to give the general public themost effective notice and, when appropriate, shall be printed inboth English and Spanish; and

4. posted in at least four publicly accessible andconspicuous places, including the proposed or existing facilityentrance on the property on which the facility is or is proposedto be located.

[1-30-92; 8-17-94]

D. The Board may designate a hearing officer to takeevidence at the hearing. [1-30-92]E. If a quorum of the Board is present at the hearing, theBoard may, but shall not be required to, act immediately uponconclusion of the hearing. If a quorum of the Board is notpresent, or if the Board elects not to take action immediately,the hearing officer may, upon request of any party, hold thehearing record open for a designated period of time for receiptof additional information. [1-30-921



F. If the Board does not take action immediately uponconclusion of the hearing, the Board shall take action at the

next regularly scheduled Board meeting occurring at least twoweeks after the close of the hearing record, and shall providenotice of its action to:

1. the petitioner, by certified mail;

2. the Department, by delivery of a copy to the

Secretary; and

3. all other persons who appeared at the hearing and

provided their addresses to the Board Secretary or hearing

officer, by first class mail.

[1-30-921

G. The Board shall deny the petition unless the petitioner

establishes by clear and convincing evidence that the applicable

federal or state law cited by the petitioner imposes as stringent

or more stringent requirements than those imposed by the Act or

this Part. [1-30-92; 11-30-95]

H. The Board shall maintain a file, open to publicinspection, of all exemption petitions, and the action taken on

such petitions. [1-30-92]

1003. SEVERABILITY. If any provision or application of this Part

is held invalid by a court of competent jurisdiction, the

remainder, or its application to other situations or persons,

shall not be affected. [5-14-89; 1-30-92; 11-30-95]

1004. COMPLIANCE WITH OTHER REGULATIONS. Compliance with this

Part does not relieve a person of the obligation to comply with

other applicable local, state and federal regulations. [5-14-89;

1-30-92; 11-30-95]

1005. SAVINGS CLAUSE. This Part does not apply to pending

litigation or affect violations of prior, effective regulations

governing the disposal of solid waste. [5-14-89; 11-30-95]

1006. INTERPRETATION. This Part shall be liberally construed to

carry out its purpose. [5-14-89; 1-30-92; 11-30-95]

1007. SUPERSESSION OF PRIOR REGULATIONS. This Part supersedes

the Solid Waste Management Regulations, EIB/SWMR-4, filed

July 18, 1994. EIB/SWMR-4 superseded the Solid Waste Management

Regulations, EIB/SWMR-3, filed December 31, 1991. [5-14-89;

1-30-92; 8-17-94; 11-30-951

1008. CONTINUING EFFECT OF PRIOR ACTIONS; EXCEPTIONS. Except as

provided otherwise in this section, all permits and certificates

of registration issued, and all closure and post-closure care

plans approved, pursuant to previous regulations shall remain in

effect until they expire or they are suspended, revoked, orotherwise modified pursuant to this Part, provided:

A. the owner and operator of an active solid wastefacility shall comply with all applicable provisions of Subparts

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I, III, IV V, VI, VII, VIII, and IX of this Part;

B. the regulations pursuant to which previously-approvedclosure and post-closure care plans were approved shall continueto apply, in lieu of this Part, to such closure and post-closureand post-closure care plans; and

C. the requirements under Section 213 of EIB/SWMR-3regarding submittal of permit applications, closure plans, andsite assessments by specified time frames for existing facilitiescontinue to apply.

[1-30-92; 8-17-94; 11-30-95]

1009. DOCUMENTS. Copies of all documents cited in this Part maybe viewed at the Departments's Solid Waste Bureau, 1190 St.Francis Drive, Santa Fe, New Mexico. [11-30-95]

1010. - 1099. [RESERVED.]

SUBPART XITABLES, PARAMETERS, AND SAMPLE FORMS

1100. GROUND WATER PARAMETERS. The standards in Tables I and IIare from the New Mexico Water Quality Control CommissionRegulations or the federal Safe Drinking Water Act as they existon the effective date of this Part. Check with the Department toconfirm the standards are still applicable. [8-17-94; 11-30-95]

TABLE I

Parameter Standard2mg/l

PQL3mg/l

Parameter Standardmg/l

PQLmg/l

Arsenicl0.02

0.05 0.01 Bariuml 1.0

Benzenel 0.005Cadmiuml 0.005Carbon tetrachloridelChloroforml 0.1Cobalt 0.05(i)Cyanidel 0.21,1-DichloroethanelEthylbenzenel 0.7Fluoridel 1.6Leadl 0.05 0.01Manganese 0.05(a)Methylene chlorides

0.75Nickell 0.1 0.05PAHs: TotalNaphthalene plus

0.0010.0020.0050.0050.030.10.0250.0050.4Magnesit0.030.005

Nitratel

Benzola]pyrenel 0.0002Boron 0.75(i) 0.50.002 Chloride 250(a)Chromiuml 0.05 0.01Copper 1.0(a) 0.061,2-Dichloroethane (EDC)10.005 1,1-Dichloroethylene (:Ethylene dibromide (EDB)1Iron 0.3(a) 0.1

0. 0001

5.0

0.005 0.001L,1-DCE)l 0.005 0.(

0.00005 0.00(

m

0 Iercuryl 0.002.001 Molybdenum

0.0011.0(i)

10 1.0

monomethylnaphthalenesl 0.03 0.01 Phenols 0.005(a)Polychlorinated biphenyls(PCB's)l 0.001 0.0005 Potassium

Radioactivity: CombinedRadium-226 andRadium 2281 5.OpCi/l 2.5pCi/l Seleniuml

"-> Silveri 0.05 0.01 Sodium

0.003

0.01 0.005



Sulfate 250(a) 5.0Total Dissolved Solids

Toluenel500(a) 5.0

0.75 0.005Total Xylenesl 0.62 0.005

1,1,2,2-Tetrachloroethanel 0.01 0.005 Tetrachloroethylenel1,1,1-Trichloroethanel 0.06 0.005 Aluminum 5.0(i)

1,1,2-Trichloroethanel 0.005 0.002 Trichloroethylenel 0.005

Uraniuml 5.0 2.5 Vinyl Chloridel 0.001 0.0004

Zinc 5.0(a) 0.05 pH (Units) 6.5-8.5(a) 0.1

Ammonia Total Nitrogenl 10 1.0

Specific Conductance Total Organic Carbon

Temperature Water ElevationAntimonyl 0.006 0.003 Berylliuml 0.004

0.002Thalliuml 0.002 0.001 Vanadiuml 0.08

Acetonel 0.1 Acrylonitrilel

0.0053.00.001

0.2Bromochloromethanel

0.005Bromoforml

0.1Chlorobenzenel 0.1

0.01Dibromochloromethanel

0.0001

0.002 Bromodichloromethanel

0.015 Carbon disulfidel

0.005 Chloroethanel

0.005 1,2-Dibromo-3-chloropropanel 0.0002

Parameter Standard2mg/l

PQL3mg/l

Parameter Standardmg/l

PQLmg/l

1,2-Dichloropropanel0.02

2-Hexanonel0.02

Methyl chloridel0.02

1,1,1,2-Tetrachloroethar0.01

1,2,3-Trichloropropanel0.05

o-Dichlorobenzenel0.015

trans-1,4-Dichloro-2-bulC03Calcium

0.01

0.005 0.0005 cis-1,3-Dichloropropenel

0.05 Methyl bromidel

0.001 Methylene bromidel

nel 0.005 Trichlorofluoromethanel

0.01 Vinyl acetatel

0.06

:enelTotal

0.01 p-Dichlorobenzenel 0.075

0.1 HCO3Kjeldahl Nitrogen

trans-1,3-Dichloropropenel

1 Constituent is considered to be hazardous.

2 Ground Water Protection Standard subject to change under the New Mexico Water Qui

Regulations or the federal Safe Drinking Water Act (see Section 806.H.1)

3 Practical Quantitation Limits (PQL) are the lowest concentration of analytes in c

reliably determined within specified limits of precision and accuracy under routine

conditions.

All standards are health based except for those followed by (a) aesthetic standard

those parameters without a specific standard, background standards shall be establ:

[1-30-92; 8-17-94]

TABLE II

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Common Name PQL Common Name(mg/l)

PQL(mg/1)

AcenaphtheneAcetone 0.10AcetophenoneAcroleinAldrin 0.01Anthracene4-AminobiphenylArsenic 0.01Benzene 0.001

0.01 Acenaphthylene 0.01Acetonitrile 0.100.01 2-Acetylaminoflourene0.10 Acrylonitrile 0.20Allyl chloride 0.010.010.02 Antimony 0.30Barium 0.02Benzo(a]anthracene 0.01

0.02

Benzo[b]fluoranthene 0.02 Benzo[k]fluoranthene 0.02Benzo[ghi]perylene 0.01 Benzo[a]pyrene 0.01Benzyl alcohol 0.01 Beryllium 0.002alpha-BHC 0.0001 beta-BHC 0.0001delta-BHC 0.0001 gamma-BHC 0.0001Bis(2-chloroethoxy)methane 0.01 Bis(2-chloroethyl) ether 0.01Bis(2-chloro-1-methylethyl) ether 0.01 Bis(2-ethylhexyl)phthalateBromochloromethane 0.002 Bromodichloromethane 0.005

0.(

BromoformButyl benzyl phtCarbon disulfideChlordaneChlorobenzenep-Chloro-m-crescChloroform2-ChlorophenolChloropreneChryseneCopper2 0.06o-CresolCyanide 0.14,4'-DDD4,4'-DDT

0.015 4-Bromophenyl phenyl etherthalate 0.01 Cadmium 0.002a 0.10 Carbon tetrachloride0.005 p-Chloroaniline 0.020.005 Chlorobenzilate 0.01a1 0.005 Chloroethane 0.010.005 2-Chloronaphthalene 0.010.01 4-Chlorophenyl phenyl ether0.05 Chromium 0.010.01 Cobalt2 0.03

0.01

0.002

0.01

m-Cresol 0.010.012,4-D0.0010.001

p-Cresol0.014,4' -DDEDiallate

0.01

0.0010.01

Dibenz a,h]anthracene 0.01Dibromochloromethane 0.005o-Dichlorobenzene 0.01m-Dichlorobenzene 0.01p-Dichlorobenzene 0.015trans-1,4-Dichloro-2-butene1,1-Dichloroethane 0.0051,1-Dichloroethylene 0.001

Dibenzofuran 0.011,2-Dibromo-3-chloropropaneDi-n-butyl phthalate 0.01

0.0001

3,3'-Dichlorobenzidine 0.010.1 Dichlorodifluoromethane 0.0051,2-Dichloroethane 0.001cis-1,2-Dichloroethylene 0.005

Common Name PQL Common Name(mg/l)

PQL

(mg/1)

trans-1,2-Dichloroethylene 0.005 2,4-Dichlorophenol 0.012,6-Dichlorophenol 0.01 1,2-Dichloropropane 0.00051,3-Dichloropropane 0.005 2,2-Dichloropropane 0.0151,1-Dichloropropene 0.005 cis-1,3-Dichloropropene 0.02trans-1,3-Dichloropropene 0.01 Dieldrin 0.001Diethyl phthalate 0.01 0,O-Diethyl 0-2-pyrazinyl

phosphorothioate 0.02Dimethoate 0.02 p-(Dimethylamino)azobenzene 0.017,12-Dimethylbenz[a]anthracene 0.01 3,3'-Dimethylbenzidine 0.012,4-Dimethylphenol 0.01 Dimethyl phthalate 0.01

; m-Dinitrobenzene 0.02 4,6-Dinitro-o-cresol 0.052,4-Dinitrophenol 0.05 2,4-Dinitrotoluene 0.01

http://www.nmenv.state.nm.us/NMEDregs/swb/20nmac9_1 .html 811512005


2,6-Dinitrotoluene 0.01 Dinoseb 0.02Di-n-octyl phthalate 0.01 Diphenylamine 0.01

Disulfoton 0.01 Endosulfan I 0.001

Endosulfan II 0.001 Endosulfan sulfate 0.001

Endrin 0.001 Endrin aldehyde 0.001Ethylene dibromide 0.000025Ethylbenzene 0.005 Ethyl methacrylate 0.01

Ethyl methanesulfonate 0.02 Famphur 0.02Fluoranthene 0.01 Fluorene 0.01Heptachlor 0.001 Heptachlor epoxide 0.001Hexachlorobenzene 0.001 Hexachlorbutadiene 0.01

Hexachlorocyclopentadiene 0.01 Hexachloroethane 0.01

Hexachloropropene 0.01 2-Hexanone 0.05Indeno(1,2,3-cd)pyrene 0.01 Isobutyl alcohol 0.05

Isodrin 0.02 Isophorone 0.01Isosafrole 0.01 Kepone 0.02Lead 0.01 Mercury 0.001Methacrylonitrile 0.005 Methapyrilene 0.10

Methoxychlor 0.01 Methyl bromide 0.02Methyl chloride 0.001 3-Methylcholanthrene 0.01

Methyl ethyl ketone 0.01 Methyl iodide 0.04

Methyl methacrylate 0.03 Methyl methanesulfonate 0.01

2-Methylnaphthalene 0.01 Methyl parathion 0.01

4-Methyl-2-pentanone 0.015 Methylene bromide 0.02

Methylene chloride 0.001 Naphthalene 0.011,4-Naphthoquinone 0.01 1-Naphthylamine 0.01

2-Naphthylamine 0.01 Nickel 0.05o-Nitroaniline 0.01 m-Nitroaniline 0.05

p-Nitroaniline 0.02 Nitrobenzene 0.01o-Nitrophenol 0.01 p-Nitrophenol 0.05N-Nitrosodi-n-butylamine 0.01 N-Nitrosodiethylamine 0.02

Common Name PQL Common Name PQL(mg/l)

(mg/l)

N-Nitrosodimethylamine 0.002 N-Nitrosodiphenylamine 0.005

N-Nitrosodipropylamine 0.01 N-Nitrosomethylethylamine 0.01

N-Nitrosopiperidine 0.02 N-Nitrosopyrrolidine 0.04

5-Nitro-o-toluidine 0.01 Parathion 0.01

Pentachlorobenzene 0.01 Pentachloronitrobenzene 0.02

Pentachlorophenol 0.05 Phenacetin 0.02

Phenanthrene 0.01 Phenol 0.001p-Phenylenediamine 0.01 Phorate 0.01

Polychlorinated biphenyls 0.0005 Pronamide 0.01

Propionitrile 0.06 Pyrene 0.01Safrole 0.01 Selenium 0.02Silver 0.01 Silvex 0.002Styrene 0.01 Sulfide 4.002,4,5-T 0.002 1,2,4,5-Tetrachlorobenzene 0.01

1,1,1,2-Tetrachloroethane 0.005 1,1,2,2-Tetrachlorethane 0.005

Tetrachloroethylene 0.0005 2,3,4,6-Tetrachlorophenol 0.01

Thallium 0.001 Tin 0.40Toluene 0.005 o-Toluidine 0.01Toxaphene 0.001 1,2,4-Trichlorobenzene 0.01

1,1,1-Trichloroethane 0.005 1,1,2-Trichloroethane 0.002

Trichloroethylene 0.001 Trichlorofluoromethane 0.01

2,4,5-Trichlorophenol 0.01 2,4,6-Trichlorophenol 0.01

1,2,3-Trichloropropane 0.01 0,0,0-Triethyl phosphorthiolate 0.01

sym-Trinitrobenzene 0.01 Vanadium 0.08



Vinyl acetate 0.05 Vinyl chloride 0.0004Xylene (Total) 0.005 Zinc2 0.05

1 All constituents in Table II are considered hazardous

"- 2 May follow aesthetic or irrigation standards

[1-30-92; 8-17-94]

1101. SOIL, WATER AND SPECIAL WASTE TESTING PARAMETERS.11-30-92; 11-30-95]

A. The following are soils testing procedures acceptableto the Department:

1. constant head by method ASTM D2434.

2. falling head method as described in Appendix VII ofthe Corps of Engineers Manual EM1110-2-1906, November 30, 1970,Laboratory Soils Testing;

3. sieve analysis and hydrometer analysis: #4, #10,#40, #200, -200, and hydrometer analysis on -200 fraction bymethod ASTM D422.

4. Atterberg limits by methods ASTM D423 and D424.

5. moisture density relations by method ASTM D698.

6. moisture content by method ASTM D2216.

7. consolidation test.

[1-30-92]

B. The following water testing procedures are acceptableto the Department:

1. "Standard Methods for the Examination of Water andWastewater", latest edition, American Public Health Association.

2. "Methods for Chemical Analysis of Water and Waste"and other publications of the Analytical Quality Laboratory, EPA.

3. "Techniques of Water Resource Investigation" of theU.S. Geological Survey.

4. "Annual Book of ASTM Standards, Part 31, Water",latest edition, American Society For Testing and Materials.

5. "National Handbook of Recommended Methods forWater-Data Acquisition", latest edition, prepared cooperativelyby agencies of the United States Government under the sponsorshipof the U.S. Geological Survey.

6. for radioactivity the methods specified in "InterimRadiochemical Methodology for Drinking Water", EnvironmentalMonitoring and Support Laboratory, EPA-600/4-75-008, U.S. EPA,Cincinnati, Ohio 45268 or "Prescribed Procedures for Measurementof Radioactivity in Drinking Water" EPA-600/4-80-032.

http://www.nmenv.state.nm.us/NMEDregs/swb/2Onmac9_I .html 8/15/2005


7. for uranium: ASTM D-2907 "'Microquantities ofUranium in Water by Fluorometry."

8. specific conductance by U.S. EPA test method 9050.

9. EPA Report SW-846, "Test Methods for EvaluatingSolid Waste", third edition, November 1986, as revised, December1987.

[1-30-92; 8-17-94]

C. The following test methods for special waste areacceptable to the Department:

1. ignitability by U.S. EPA test method 1010, Pensky-Martens Closed-Cup Method for Determining Ignitability, or testmethod 1020, Setaflash Closed-Cup Method for DeterminingIgnitability.

2. corrosivity by U.S. EPA test method 1110,Corrosivity Toward Steel.

3. toxicity by U.S. EPA test method 1311, ToxicityCharacteristic Leaching Procedure (TCLP).

4. Halogenated Volatile Organics by gaschromatography, U.S. EPA test method 8010.

5. Aromatic Volatile Organics by gas chromatography,U.S. EPA test method 8020.

6. Volatile Organic Compounds by gaschromatography/mass spectrometry (GC/MS): Packed ColumnTechnique, EPA test method 8240.

7. TPH determined by EPA test method 418.1, infra-reddetection method.

8. liquids test by U.S. EPA test method 9095, PaintFilter Liquids Test.

9. EPA Report SW-846, "Test Methods for EvaluatingSolid Waste", third edition, November 1986, as revised, December1987.

11-30-92; 8-17-94]

1102. TRUST AGREEMENT. [1-30-92; 11-30-95]

A. New Mexico governmental entity as beneficiary.

Trust Agreement, the "Agreement," entered into as of [date]by and between [name of the owner or operator], a [name of State][insert "corporation," "partnership," "association," or"proprietorship"] , the "Grantor," and [name of corporatetrustee], [insert "incorporated in the State of " or "anational bank"], the "Trustee."

Whereas, the New Mexico Environmental Improvement Board,



"EIB", has established certain regulations applicable to theGrantor, requiring that an owner or operator of a solid wastemanagement facility shall provide assurance that funds will beavailable when needed for certain activities as required in apermit issued pursuant to the Solid Waste Management Regulations.

Whereas, the Grantor has elected to establish a trust toprovide all or part of such financial assurance for thefacilities identified herein,

Whereas, the Grantor, acting through its duly authorizedofficers, has selected the Trustee to be the trustee under thisagreement, and the Trustee is willing to act as trustee,

Now, Therefore, the Grantor and the Trustee agree asfollows:

Section 1. Definitions.

As used in this Agreement:

(a) The term "Grantor" means the owner or operator whoenters into this Agreement and any successors orassigns of the Grantor.

(b) The term "Trustee" means the Trustee who enters intothis Agreement and any successor Trustee.

Section 2. Identification of Facilities and Cost Estimates.

This Agreement pertains to the facilities and costestimates identified on attached Schedule A [on Schedule A, for

each facility list the New Mexico Solid Waste Facility Permitnumber, name, address, and the current cost estimates for whichfinancial assurance is demonstrated by this Agreement].

Section 3. Establishment of Fund.

The Grantor and the Trustee hereby establish a trust fund,the "Fund," for the benefit of [insert name of Municipality]( ). The Grantor and the Trustee intend that no third partyhave access to the Fund except as herein provided. The Fund isestablished initially as consisting of the property, which isacceptable to the Trustee, described in Schedule B attachedhereto. Such property and any other property subsequentlytransferred to the Trustee is referred to as the Fund, togetherwith all earnings and profits thereon, less any payments ordistributions made by the Trustee pursuant to this Agreement.The Fund shall be held by the Trustee, IN TRUST, as hereinafterprovided. The Trustee shall not be responsible nor shall itundertake any responsibility for the amount or adequacy of, norany duty to collect from the Grantor, any payments necessary to

discharge any liabilities of the Grantor established by the NewMexico Environment Department (NMED).

Section 4. Payments Pursuant to the Solid Waste ManagementRegulations.

The Trustee shall make payments from the Fund as the NMEDSecretary shall direct, in writing, to provide for the payment of


Solid Waste Management -'20NMAC9. 1 of 170

the costs pursuant to Solid Waste Management Regulations of thefacilities covered by this Agreement. The Trustee shallreimburse the Grantor or other persons as specified by the NHEDSecretary from the Fund for the costs in such amounts as the NNEDSecretary shall direct in writing. In addition, the Trusteeshall refund to the Grantor such amounts as the NMEb Secretaryspecifies in writing. Upon refund, such funds shall no longerconstitute part of the Fund as defined herein.

Section 5. Payments Comprising the Fund.

Payments made to the Trustee for the Fund shall consist ofcash or securities acceptable to the Trustee as described inSchedule B attached hereto.

Section 6. Trustee Management.

The Trustee shall invest and reinvest the principal andincome of the Fund and keep the Fund invested as a single fund,without distinction between principal and income, in accordancewith general investment policies and guidelines which the Grantormay communicate in writing to the Trustee from time to time,subject, however, to the provisions of this section. Ininvesting, reinvesting, exchanging, selling, and managing the

Fund, the Trustee shall discharge his duties with respect to thetrust fund solely in the interest of the beneficiary and with thecare, skill, prudence, and diligence under the circumstances thenprevailing which persons of prudence, acting in a like capacityand familiar with such matters, would use in the conduct of anenterprise of a like character and with like aims; except that:

(a) Securities or other obligations of the Grantor, or anyother owner or operator of the facilities, or any oftheir affiliates as defined in the Investment CompanyAct of 1940, as amended, 15 U.S.C. 80a-2.(a), shall notbe acquired or held, unless they are securities orother obligations of the Federal or a State government;

(b) The Trustee is authorized to invest the Fund in time ordemand deposits of the Trustee, to the extent insuredby an agency of the Federal or State government; and

(c) The Trustee is authorized to hold cash awaitinginvestment or distribution uninvested for a reasonabletime and without liability for the payment of interestthereon.

Section 7. Commingling and Investment.

The Trustee is expressly authorized in its discretion:

(a) To transfer from time to time any or all of the assetsof the Fund to any common, commingled, or collectivetrust fund created by the Trustee in which the Fund iseligible to participate, subject to all of theprovisions thereof, to be commingled with the assets ofother trusts participating therein; and

(b) To purchase shares in any investment company registeredunder the Investment Company Act of 1940, 15 U.S.C.



80a-1 et seq., including one which may be created,managed, underwritten, or to which investment advice isrendered or the shares of which are sold by theTrustee. The Trustee may vote such shares in itsdiscretion.

Section 8. Express Powers of Trustee.

Without in any way limiting the powers and discretionconferred upon the Trustee by the other provisions of thisAgreement or by law, the Trustee is expressly authorized andempowered:

(a) To sell, exchange, convey, transfer, or otherwisedispose of any property held by it, by public orprivate sale. No person dealing with the Trustee shallbe bound to see the application of the purchase moneyor to inquire into the validity or expediency of anysuch sale or disposition;(b) To make, execute, acknowledge, and deliver any and alldocuments of transfer and conveyance and any and allother instruments that may be necessary or appropriateto carry out the powers herein granted;

(c) To register any securities held in the Fund in its ownname or in the name of a nominee and to hold anysecurity in bearer form or in book entry, or to combinecertificates representing such securities withcertificates of the same issue held by the Trustee inother fiduciary capacities, or to deposit or arrangefor the deposit of such securities in a qualifiedcentral depositary even though, when so deposited, suchsecurities may be merged and held in bulk in the nameof the nominee of such depositary with other securitiesdeposited therein by another person, or to deposit orarrange for the deposit of any securities issued by theUnited States Government, or any agency orinstrumentality thereof, with a Federal Reserve bank,but the books and records of the Trustee shall at alltimes show that all such securities are part of theFund;

(d) To deposit any cash in the Fund in interest-bearingaccounts maintained or savings certificates issued bythe Trustee, in its separate corporate capacity, or inany other banking institution affiliated with theTrustee, to the extent insured by an agency of theFederal or State government; and

(e) To compromise or otherwise adjust all claims in favorof or against the Fund.

Section 9. Taxes and Expenses.

All taxes of any kind that may be assessed or leviedagainst or in respect of the Fund and all brokerage commissionsincurred by the Fund shall be paid from the Fund. All otherexpenses incurred by the Trustee in connection with theadministration of this Trust, including fees for legal servicesrendered to the Trustee, the compensation of the Trustee to the

http://www.nmenv.state.mn.us/NMEDregs/swb/20nmac9_I .html 8/1512005


extent not paid directly by the Grantor, and all other propercharges and disbursements of the Trustee shall be paid from the

Fund.

Section 10. Annual Valuation.

The Trustee shall annually, at least 30 days prior to theanniversary date of the establishment of the Fund, furnish to the

Grantor and to the NMED Secretary a statement confirming thevalue of the Trust. Any securities in the Fund shall be valued atmarket value as of no more than 60 days prior to the anniversarydate of establishment of the Fund. The failure of the Grantor toobject in writing to the Trustee within 90 days after thestatement has been furnished to the Grantor and the NMEDSecretary shall constitute a conclusively binding assent by theGrantor, barring the Grantor from asserting any claim orliability against the Trustee with respect to matters disclosed

in the statement.

Section 11. Advice of Counsel.

The Trustee may from time to time consult with counsel, whomay be counsel to the Grantor, with respect to any question

arising as to the construction of this Agreement or any action to

be taken hereunder. The Trustee shall be fully protected, to theextent permitted by law, in acting upon the advise of counsel.

Section 12. Trustee Compensation.

The Trustee shall be entitled to reasonable compensationfor its services as agreed upon in writing from time to time with

the Grantor.

Section 13. Successor Trustee.

The Trustee may resign or the Grantor may replace theTrustee, but such resignation or replacement shall not beeffective until the Grantor has appointed a successor trustee andthis successor trustee accepts the appointment. The successortrustee shall have the same powers and duties as those conferredupon the Trustee hereunder. Upon the successor trustee'sacceptance of the appointment, the Trustee shall assign,

transfer, and pay over to the successor trustee the funds andproperty then constituting the Fund. If for any reason theGrantor cannot or does not act in the event of the resignationthe Trustee, the Trustee may apply to a court of competentjurisdiction for the appointment of a successor trustee forinstructions. The successor trustee shall specify the date on

which it assumes administration of the trust in a writing sent to

the Grantor, the NMED Secretary, and the present Trustee bycertified mail 10 days before such change becomes effective. Any

expenses incurred by the Trustee as a result of any of the acts

contemplated by this Section shall be paid as provided in Section

9.

Section 14. Instructions to the Trustee.

All orders, requests, and instructions by the Grantor tothe Trustee shall be in writing, signed by such persons as are

designated in the attached Exhibit A or such other designees as

http://www.nmenv.state.nm.us/NMEDjregs/swb/20nmac9_1 .html 8/15/2005


the Grantor may designate by amendment to Exhibit A. The Trusteeshall be fully protected in acting without inquiry in accordancewith the Grantor's orders, requests, and instructions. Allorders, requests, and instructions by the NHED Secretary to theTrustee shall be in writing, signed by the NHED Secretary, ordesignee, and the Trustee shall act and shall be fully protectedin acting in accordance with such orders, requests, andinstructions. The Trustee shall have the right to assume, in theabsence of written notice to the contrary, that no eventconstituting a change or a termination of the authority of anyperson to act on behalf of the Grantor or NMED hereunder hasoccurred. The Trustee shall have no duty to act in the absence ofsuch orders, requests, and instructions from the Grantor and/orNMED, except as provided for herein.

Section 15. Notice of Nonpayment.

The Trustee shall notify the Grantor and the NMED Secretaryby certified mail within 10 days following the expiration of the30-day period after the anniversary date of the Trust, if nopayment is received from the Grantor during that period accordingto Schedule B attached hereto. After the payin period iscompleted, the Trustee shall not be required to send a notice ofnonpayment.

Section 16. Amendment of Agreement.

This Agreement may be amended by an instrument in writingexecuted by the Grantor, the Trustee, and the NMED Secretary, orby the Trustee and the NMED Secretary if the Grantor ceases toexist.

Section 17. Irrevocability and Termination.

Subject to the right of the parties to amend this Agreementas provided in Section 16, this Trust shall be irrevocable andshall continue until terminated at the written agreement of theGrantor, the Trustee, and the NMED Secretary, or by the Trusteeand the NHED Secretary, if the Grantor ceases to exist. Upontermination of the Trust, all remaining trust property, lessfinal trust administration expenses, shall be delivered to theGrantor.

Section 18. Immunity and Indemnification.

The Trustee shall not incur personal liability of anynature in connection with any act or omission, made in goodfaith, in the administration of this Trust, or in carrying outany directions by the Grantor or the NHED Secretary issued inaccordance with this Agreement. The Trustee shall be indemnifiedand saved harmless by the Grantor or from the Trust Fund, orboth, from and against any personal liability to which theTrustee may be subjected by reason of any act or conduct in itsofficial capacity, including all expenses reasonably incurred inits defense in the event the Grantor fails to provide suchdefense.

Section 19. Choice of Law.

This Agreement shall be administered, construed, and

of 170



enforced according to the laws of the State of New Mexico.

Section 20. Interpretation.

As used in this Agreement, words in the singular includethe plural and words in the plural include the singular. Thedescriptive headings for each Section of this Agreement shall notaffect the interpretation or the legal efficacy of thisAgreement.

In Witness Whereof the parties have caused this Agreementto be executed by their respective officers duly authorized andtheir corporate seals to be hereunto affixed and attested as ofthe date first above written: The parties below certify that thewording of this Agreement is identical to the wording specifiedin the Solid Waste Management Regulations as such regulationswere constituted on the date first above written.

[Signature of Grantor][Title]

Attest:[Title][Seal][Signature of Trustee]

Attest:[Title][Seal]

State of

County of ___

On this [date], before me personally came (owner oroperator] to me known, who, being by me duly sworn, did deposeand say that she/he resides at [address], that she/he is [title]

of [corporation], the corporation described in and which executedthe above instrument; that she/he knows the seal of saidcorporation; that the seal affixed to such instrument is suchcorporate seal; that it was so affixed by order of the Board ofDirectors of said corporation, and that she/he signed her/hisname thereto by like order.

[Signature of Notary Public]

[1-30-92; 8-17-94; 11-30-95]

B. Department as beneficiary.

Trust Agreement, the "Agreement," entered into as of [date]by and between [name of the owner or operator], a [name of State][insert "corporation," "partnership," "association," or"proprietorship"], the "Grantor," and [name of corporatetrustee], [insert "incorporated in the State of " or "anational bank"], the "Trustee."



Whereas, the New Mexico Environmental Improvement Board,"EIE", has established certain regulations applicable to theGrantor, requiring that an owner or operator of a solid wastemanagement facility shall provide assurance that funds will beavailable when needed for certain activities as required in apermit issued pursuant to the Solid Waste Management Regulations.









K_' This Agreement pertains to the facilities and costestimates identified on attached Schedule A [on Schedule A, foreach facility list the New Mexico Solid Waste Facility Permitnumber, name, address, and the current cost estimates for whichfinancial assurance is demonstrated by this Agreement].


The Grantor and the Trustee hereby establish a trust fund,the "Fund," for the benefit of the State of New Mexico, C/OSecretary, New Mexico Environment Department (NMED). The Grantorand the Trustee intend that no third party have access to theFund except as herein provided. The Fund is established initiallyas consisting of the property, which is acceptable to theTrustee, described in Schedule B attached hereto. Such propertyand any other property subsequently transferred to the Trustee isreferred to as the Fund, together with all earnings and profitsthereon, less any payments or distributions made by the Trusteepursuant to this Agreement. The Fund shall be held by theTrustee, IN TRUST, as hereinafter provided. The Trustee shall notbe responsible nor shall it undertake any responsibility for theamount or adequacy of, nor any duty to collect from the Grantor,any payments necessary to discharge any liabilities of theGrantor established by NMED.

Section 4. Payments Pursuant to the Solid Waste ManagementRegulations.

The Trustee shall make payments from the Fund as the NMED



Secretary shall direct, in writing, to provide for the payment of

the costs pursuant to Solid Waste Management Regulations of the

facilities covered by this Agreement. The Trustee shall reimbursethe Grantor or other persons as specified by the NMED Secretary

from the Fund for the costs in such amounts as the NNED Secretaryshall direct in writing. In addition, the Trustee shall refund to

the Grantor such amounts as the NHED Secretary specifies in

writing. Upon refund, such funds shall no longer constitute part

of the Fund as defined herein.


Payments made to the Trustee for the Fund shall consist of

cash or securities acceptable to the Trustee as described in

Schedule B attached hereto.


The Trustee shall invest and reinvest the principal and

income of the Fund and keep the Fund invested as a single fund,without distinction between principal and income, in accordancewith general investment policies and guidelines which the Grantor

may communicate in writing to the Trustee from time to time,subject, however, to the provisions of this section. Ininvesting, reinvesting, exchanging, selling, and managing the

Fund, the Trustee shall discharge his duties with respect to the

trust fund solely in the interest of the beneficiary and with the

care, skill, prudence, and diligence under the circumstances then

prevailing which persons of prudence, acting in a like capacity

and familiar with such matters, would use in the conduct of an

enterprise of a like character and with like aims; except that:

(a) Securities or other obligations of the Grantor, or any

other owner or operator of the facilities, or any oftheir affiliates as defined in the Investment Company

Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall not

be acquired or held, unless they are securities or

other obligations of the Federal or a State government;

(b) The Trustee is authorized to invest the Fund in time or

demand deposits of the Trustee, to the extent insured

by an agency of the Federal or State government; and

(c) The Trustee is authorized to hold cash awaiting

investment or distribution uninvested for a reasonable

time and without liability for the payment of interest

thereon.



(a) To transfer from time to time any or all of the assets

of the Fund to any common, commingled, or collective

trust fund created by the Trustee in which the Fund is

eligible to participate, subject to all of the

provisions thereof, to be commingled with the assets of

other trusts participating therein; and

(b) To purchase shares in any investment company registered



under the Investment Company Act of 1940, 15 U.S.C.80a-1 et seq., including one which may be created,managed, underwritten, or to which investment advice isrendered or the shares of which are sold by theTrustee. The Trustee may vote such shares in itsdiscretion.



(a) To sell, exchange, convey, transfer, or otherwisedispose of any property held by it, by public orprivate sale. No person dealing with the Trustee shallbe bound to see the application of the purchase moneyor to inquire into the validity or expediency of anysuch sale or disposition;

(b) To make, execute, acknowledge, and deliver any and alldocuments of transfer and conveyance and any and allother instruments that may be necessary or appropriateto carry out the powers herein granted;

(C) To register any securities held in the Fund in its ownname or in the name of a nominee and to hold anysecurity in bearer form or in book entry, or to combinecertificates representing such securities withcertificates of the same issue held by the Trustee inother fiduciary capacities, or to deposit or arrangefor the deposit of such securities in a qualifiedcentral depositary even though, when so deposited, suchsecurities may be merged and held in bulk in the nameof the nominee of such depositary with other securitiesdeposited therein by another person, or to deposit orarrange for the deposit of any securities issued by theUnited States Government, or any agency orinstrumentality thereof, with a Federal Reserve bank,but the books and records of the Trustee shall at alltimes show that all such securities are part of theFund;




All taxes of any kind that may be assessed or leviedagainst or in respect of the Fund and all brokerage commissionsincurred by the Fund shall be paid from the Fund. All otherexpenses incurred by the Trustee in connection with the

http://www.nmenv.state.im.us/NMEDregs/swb/20nmac9_I .html 8/15/2005


administration of this Trust, including fees for legal services

rendered to the Trustee, the compensation of the Trustee to the

extent not paid directly by the Grantor, and all other proper

charges and disbursements of the Trustee shall be paid from the

Fund.


The Trustee shall annually, at least 30 days prior to the

anniversary date of the establishment of the Fund, furnish to the

Grantor and to the NMED Secretary a statement confirming the

value of the Trust. Any securities in the Fund shall be valued at

market value as of no more than 60 days prior to the anniversarydate of establishment of the Fund. The failure of the Grantor to

object in writing to the Trustee within 90 days after the

statement has been furnished to the Grantor and the NMEDSecretary shall constitute a conclusively binding assent by the

Grantor, barring the Grantor from asserting any claim orliability against the Trustee with respect to matters disclosed

in the statement.


The Trustee may from time to time consult with counsel, who

may be counsel to the Grantor, with respect to any question


be taken hereunder. The Trustee shall be fully protected, to the

extent permitted by law, in acting upon the advise of counsel.


The Trustee shall be entitled to reasonable compensationfor its services as agreed upon in writing from time to time with

the Grantor.


The Trustee may resign or the Grantor may replace the

Trustee, but such resignation or replacement shall not be

effective until the Grantor has appointed a successor trustee and

this successor trustee accepts the appointment. The successor

trustee shall have the same powers and duties as those conferred

upon the Trustee hereunder. Upon the successor trustee's

acceptance of the appointment, the Trustee shall assign,transfer, and pay over to the successor trustee the funds andproperty then constituting the Fund. If for any reason the

Grantor cannot or does not act in the event of the resignationthe Trustee, the Trustee may apply to a court of competentjurisdiction for the appointment of a successor trustee for

instructions. The successor trustee shall specify the date on

which it assumes administration of the trust in a writing sent to

the Grantor, the NMED Secretary, and the present Trustee by

certified mail 10 days before such change becomes effective. Any

expenses incurred by the Trustee as a result of any of the acts

contemplated by this Section shall be paid as provided in Section

9.


All orders, requests, and instructions by the Grantor to

http://www.nfnenv.state.nn.us/NMED-regs/swb/20nmac9_1 .html 8/15/2005


the Trustee shall be in writing, signed by such persons as aredesignated in the attached Exhibit A or such other designees asthe Grantor may designate by amendment to Exhibit A. The Trusteeshall be fully protected in acting without inquiry in accordancewith the Grantor's orders, requests, and instructions. Allorders, requests, and instructions by the NNED Secretary to theTrustee shall be in writing, signed by the NMED Secretary, ordesignee, and the Trustee shall act and shall be fully protectedin acting in accordance with such orders, requests, andinstructions. The Trustee shall have the right to assume, in theabsence of written notice to the contrary, that no eventconstituting a change or a termination of the authority of anyperson to act on behalf of the Grantor or NMED hereunder hasoccurred. The Trustee shall have no duty to act in the absence ofsuch orders, requests, and instructions from the Grantor and/orNHED, except as provided for herein.




This Agreement may be amended by an instrument in writingexecuted by the Grantor, the Trustee, and the NMED Secretary, orby the Trustee and the NHED Secretary if the Grantor ceases toexist.


Subject to the right of the parties to amend this Agreementas provided in Section 16, this Trust shall be irrevocable andshall continue until terminated at the written agreement of theGrantor, the Trustee, and the NMED Secretary, or by the Trusteeand the NMED Secretary, if the Grantor ceases to exist. Upontermination of the Trust, all remaining trust property, lessfinal trust administration expenses, shall be delivered to theGrantor.


The Trustee shall not incur personal liability of anynature in connection with any act or omission, made in goodfaith, in the administration of this Trust, or in carrying outany directions by the Grantor or the NHED Secretary issued inaccordance with this Agreement. The Trustee shall be indemnifiedand saved harmless by the Grantor or from the Trust Fund, orboth, from and against any personal liability to which theTrustee may be subjected by reason of any act or conduct in its

official capacity, including all expenses reasonably incurred inits defense in the event the Grantor fails to provide suchdefense.


http://www.nmenv.state.nm.us/NMEDregs/swb/20nmac9_1 .html 8t}15/2005


This Agreement shall be administered, construed, andenforced according to the laws of the State of New Mexico.




Signature of Grantor][Title]

Attest:[Title][Seal][Signature of Trustee]Attest:[Title][Seal]

State of

County of

On this [date], before me personally came [owner oroperator] to me known, who, being by me duly sworn, did deposeand say that she/he resides at [address], that she/he is [title]of [corporation], the corporation described in and which executedthe above instrument; that she/he knows the seal of saidcorporation; that the seal affixed to such instrument is suchcorporate seal; that it was so affixed by order of the Board ofDirectors of said corporation, and that she/he signed her/hisname thereto by like order.


[1-30-92; 8-17-94; 11-30-951

1103. PERFORMANCE BOND. [1-30-92; 11-30-95]


Date Bond executed:

Effective date:

Principal: [legal name and business address of owner or operator]

http://www.nmenv.state.nm.us/NMEDregs/swb/20nmac9_1 .html 8/15S/2005


Type of organization: [insert "individual," "joint venture,""partnership," or "corporation"]

State of incorporation: _

Surety(ies): [name(s) and business address(es)J

New Mexico Solid Waste Facility Permit Number, name, address, andamounts pursuant to the Solid Waste Management Regulations foreach facility guaranteed by this bond [indicate costs pursuant tothe Solid Waste Management Regulations separately 1:

Total penal sum of bond: $

Surety's bond number:

Know All Persons By These Presents, That we, the Principaland Surety(ies) hereto are firmly bound to [insert name ofMunicipality] (hereinafter called ), in the above penal sumfor the payment of which we bind ourselves, our heirs, executors,administrators, successors, and assigns jointly and severally;provided that, where the Surety(ies) are corporations acting asco-sureties, we, the Sureties, bind ourselves in such sum"jointly and severally" only for the purpose of allowing a jointaction or actions against any or all of us, and for all otherpurposes each Surety binds itself, jointly and severally with thePrincipal, for the payment of such sum only as is set forthopposite the name of such Surety, but if no limit of liability isindicated, the limit of liability shall be the full amount of thepenal sum.

Whereas said Principal is required, under the Solid WasteAct, to have a permit in order to own or operate each solid wastemanagement facility identified above, and

Whereas said Principal is required to provide financialassurance for certain costs pursuant to the Solid WasteManagement Regulations and as a condition of the permit, and

Whereas said Principal shall establish a standby trust fundas is required when a surety bond is used to provide suchfinancial assurance;

Now, Therefore, the conditions of this obligation are suchthat if the Principal shall faithfully perform the activities forwhich financial assurance is given pursuant to the Solid WasteManagement Regulations, whenever required to do so, of eachfacility for which this bond guarantees those activities, inaccordance with the closure/post closure/contingency plan(s) andother requirements of the permit as such plan(s) and permit maybe amended, pursuant to all applicable laws, statutes, rules, andregulations, as such laws, statutes, rules, and regulations maybe amended,

Or, if the Principal shall provide alternate financialassurance as specified in the Solid Waste Management Regulations,and obtain the New Mexico Environment Department (NMED)Secretary's written approval of such assurance, within 90 days

http://www.nmenv.state.nm.usfNMEDregs/swb/20nmac9_1 .html 8115/2005


after the date notice of cancellation is received by both thePrincipal and the NMED Secretary from the Surety(ies), then this

obligation shall be null and void, otherwise it is to remain in

full force and effect.

The Surety(ies) shall become liable on this bond obligationonly when the Principal has failed to fulfill the conditionsdescribed above.

Upon notification by the NMED Secretary that the Principalhas been found in violation of the requirements of the SolidWaste Management Regulations, for a facility for which this bond

guarantees performance, the SuretyCies) shall either perform in

accordance with the closure/post closure/contingency plan(s) and

other permit requirements or place the amount(s) guaranteed forthe facility into the standby trust fund as directed by the NMED

Secretary.

Upon notification by the NNED Secretary that the Principalhas failed to provide alternate financial assurance as specifiedin the Solid Waste Management Regulations, and obtain writtenapproval of such assurance from the NMED Secretary during the 90

days following receipt by both the Principal and the NMED

Secretary of a notice of cancellation of the bond, theSurety(ies) shall place funds in the amount(s) guaranteed for thefacility(ies) into the standby trust fund as directed by the NNED

Secretary.

The Surety(ies) hereby waive(s) notification of amendmentsto closure/post closure/contingency plan(s), permit, applicablelaws, statutes, rules, and regulations and agrees that no suchamendment shall in any way alleviate its (their) obligation onthis bond.

The liability of the Surety(ies) shall not be discharged by

any payment or succession of payments hereunder, unless and until

such payment or payments shall amount in the aggregate to the

penal sum of the bond, but in no event shall the obligation of

the Surety(ies) hereunder exceed the amount of said penal sum.

The Surety ies) may cancel the bond by sending notice ofcancellation by certified mail to the owner or operator and to

the NMED Secretary, provided, however, that cancellation shall

not occur during the 120 days beginning on the date of receipt of

the notice of cancellation by both the Principal and the NMED

Secretary, as evidenced by the return receipts.

The Principal may terminate this bond by sending writtennotice to the Surety(ies), provided, however, that no such noticeshall become effective until the Surety(ies) receive(s) writtenauthorization for termination of the bond by the NMED Secretary.

Principal and Surety(ies) hereby agree to adjust the penalsum of the bond yearly so that it guarantees a new amount(s) for

the activities required in the permit and pursuant to the Solid

Waste Management Regulations, provided that no decrease in the

penal sum takes place without the written permission of the NMED

Secretary.

In Witness Whereof, The Principal and Surety ies) have

http://www.nmenv.state.nm.us/NMEDregs/swb/20nmac9_I .htmIl 8/15S/2005


executed this Performance Bond and have affixed their seals onthe date set forth above.

The persons whose signatures appear below hereby certifythat they are authorized to execute this surety bond on behalf ofthe Principal and Surety ies) and that the wording of this suretybond is identical to the wording specified in the Solid WasteManagement Regulations _ as such regulation wasconstituted on the date this bond was executed.

Principal

(Signature(s)]

[Name(s) I

[Title (s)]

(Corporate seal]

Corporate Surety(ies)

[Name and address]

State of incorporation:

Liability limit: $-

[Signature(s)]

[Name(s) and title(s)]

[Corporate seal]

Bond premium: $-

[1-30-92; 11-30-95]


Date Bond executed:

Effective date:

Principal: [legal name and business address of owner or operator]

Type of organization: [insert "individual," "joint venture,""partnership," or "corporation"]


of 170

-

Surety(ies): [name(s) and business address(es)]

New Mexico Solid Waste Facility Permit Number, name, address, andamounts pursuant to the Solid Waste Management Regulations foreach facility guaranteed by this bond [indicate costs pursuant tothe Solid Waste Management Regulations separately ]:



Total penal sum of bond: $

Surety's bond number:

Know All Persons By These Presents, That we, the Principaland Surety(ies) hereto are firmly bound to the State of NewMexico, C/O Secretary, New Mexico Environment Department(hereinafter called NMED), in the above penal sum for the paymentof which we bind ourselves, our heirs, executors, administrators,successors, and assigns jointly and severally; provided that,where the Surety(ies) are corporations acting as co-sureties, we,the Sureties, bind ourselves in such sum "jointly and severally"only for the purpose of allowing a joint action or actionsagainst any or all of us, and for all other purposes each Suretybinds itself, jointly and severally with the Principal, for thepayment of such sum only as is set forth opposite the name ofsuch Surety, but if no limit of liability is indicated, the limitof liability shall be the full amount of the penal sum.

Whereas said Principal is required, under the Solid WasteAct, to have a permit in order to own or operate each solid wastemanagement facility identified above, and

Whereas said Principal is required to provide financialassurance for certain costs pursuant to the Solid WasteManagement Regulations and as a condition of the permit, and

Whereas said Principal shall establish a standby trust fundas is required when a surety bond is used to provide suchfinancial assurance;

Now, Therefore, the conditions of this obligation are suchthat if the Principal shall faithfully perform the activities forwhich financial assurance is given pursuant to the Solid WasteManagement Regulations, whenever required to do so, of eachfacility for which this bond guarantees those activities, inaccordance with the closure/post closure/contingency plan(s) andother requirements of the permit as such plan(s) and permit maybe amended, pursuant to all applicable laws, statutes, rules, andregulations, as such laws, statutes, rules, and regulations maybe amended,

Or, if the Principal shall provide alternate financialassurance as specified in the Solid Waste Management Regulations,and obtain the NMED Secretary's written approval of suchassurance, within 90 days after the date notice of cancellationis received by both the Principal and the NMED Secretary from theSurety(ies), then this obligation shall be null and void,otherwise it is to remain in full force and effect.

The Surety(ies) shall become liable on this bond obligationonly when the Principal has failed to fulfill the conditionsdescribed above.

Upon notification by the NXED Secretary that the Principalhas been found in violation of the requirements of the SolidWaste Management Regulations, for a facility for which this bondguarantees performance, the Surety(ies) shall either perform inaccordance with the closure/post closure/contingency plan(s) andother permit requirements or place the amount(s) guaranteed for



the facility into the standby trust fund as directed by the NMED

Secretary.

Upon notification by the NMED Secretary that the Principalhas failed to provide alternate financial assurance as specifiedin the Solid Waste Management Regulations, and obtain writtenapproval of such assurance from the NMED Secretary during the 90days following receipt by both the Principal and the NMEDSecretary of a notice of cancellation of the bond, theSurety(ies) shall place funds in the amount(s) guaranteed for thefacility(ies) into the standby trust fund as directed by the NMED

Secretary.

The Surety(ies) hereby waive (s) notification of amendmentsto closure/post closure/contingency plan(s), permit, applicablelaws, statutes, rules, and regulations and agrees that no suchamendment shall in any way alleviate its (their) obligation onthis bond.

The liability of the Surety(ies) shall not be discharged byany payment or succession of payments hereunder, unless and untilsuch payment or payments shall amount in the aggregate to thepenal sum of the bond, but in no event shall the obligation ofthe Surety(ies) hereunder exceed the amount of said penal sum.

The Surety(ies) may cancel the bond by sending notice ofcancellation by certified mail to the owner or operator and tothe NlED Secretary, provided, however, that cancellation shallnot occur during the 120 days beginning on the date of receipt of

the notice of cancellation by both the Principal and the N1EDSecretary, as evidenced by the return receipts.

The Principal may terminate this bond by sending writtennotice to the Surety(ies), provided, however, that no such noticeshall become effective until the Surety(ies) receive(s) writtenauthorization for termination of the bond by the NMED Secretary.

Principal and Surety(ies) hereby agree to adjust the penalsum of the bond yearly so that it guarantees a new amount(s) forthe activities required in the permit and pursuant to the Solid

Waste Management Regulations, provided that no decrease in thepenal sum takes place without the written permission of the NHEDSecretary.

In Witness Whereof, The Principal and Surety(ies) have

executed this Performance Bond and have affixed their seals on

the date set forth above.

The persons whose signatures appear below hereby certifythat they are authorized to execute this surety bond on behalf ofthe Principal and Surety(ies) and that the wording of this suretybond is identical to the wording specified in the Solid WasteManagement Regulations as such regulation was

constituted on the date this bond was executed.

Principal

[Signature(s)]

tName(s)]

http://www.nmenv.state.nm.us/NMEDregs/swb/20nmac9_I .html 8/1 5/2005


[Title (s) I

(Corporate seal]

Corporate Surety(ies)

[Name and address)


Liability limit: $

[Signature(s)]

[Name(s) and title(s)]

[Corporate seal]

Bond premium: $-

[1-30-92; 11-30-95]

1104. STANDBY TRUST AGREEMENT. [1-30-92; 11-30-95]


Trust Agreement, the "Agreement," entered into as of [date]by and between [name of the owner or operator], a [name of State][insert "corporation," "partnership," "association," or"proprietorship"], the "Grantor," and [name of corporatetrustee], [insert "incorporated in the State of _" or "anational bank"], the "Trustee."

Whereas, the New Mexico Environmental Improvement Board,"EIB", has established certain regulations applicable to theGrantor, requiring that an owner or operator of a solid wastemanagement facility shall provide assurance that funds will beavailable when needed for certain activities as required in apermit issued pursuant to the Solid Waste Management Regulations.











This Agreement pertains to the facilities and costestimates identified on attached Schedule A [on Schedule A, foreach facility list the New Mexico Solid Waste Facility Permitnumber, name, address, and the current cost estimates for whichfinancial assurance is demonstrated by this Agreement].


The Grantor and the Trustee hereby establish a trust fund,the "Fund," for the benefit of [insert name of Municipality]( ). The Grantor and the Trustee intend that no third partyhave access to the Fund except as herein provided. The Fund isestablished initially as consisting of the property, which isacceptable to the Trustee, described in Schedule B attachedhereto. Such property and any other property subsequentlytransferred to the Trustee is referred to as the Fund, togetherwith all earnings and profits thereon, less any payments ordistributions made by the Trustee pursuant to this Agreement. TheFund shall be held by the Trustee, IN TRUST, as hereinafterprovided. The Trustee shall not be responsible nor shall itundertake any responsibility for the amount or adequacy of, norany duty to collect from the Grantor, any payments necessary todischarge any liabilities of the Grantor established by the NewMexico Environment Department (NMED).Section 4. Payments Pursuant to the Solid Waste ManagementRegulations.

The Trustee shall make payments from the Fund as the NlEDSecretary shall direct, in writing, to provide for the payment ofthe costs pursuant to Solid Waste Management Regulations of thefacilities covered by this Agreement. The Trustee shall reimbursethe Grantor or other persons as specified by the NMED Secretaryfrom the Fund for the costs in such amounts as the NMED Secretaryshall direct in writing. In addition, the Trustee shall refund tothe Grantor such amounts as the NMED Secretary specifies inwriting. Upon refund, such funds shall no longer constitute partof the Fund as defined herein.




The Trustee shall invest and reinvest the principal andincome of the Fund and keep the Fund invested as a single fund,without distinction between principal and income, in accordancewith general investment policies and guidelines which the Grantormay communicate in writing to the Trustee from time to time,subject, however, to the provisions of this section. Ininvesting, reinvesting, exchanging, selling, and managing theFund, the Trustee shall discharge his duties with respect to the



trust fund solely in the interest of the beneficiary and with thecare, skill, prudence, and diligence under the circumstances thenprevailing which persons of prudence, acting in a like capacityand familiar with such matters, would use in the conduct of anenterprise of a like character and with like aims; except that:

(a) Securities or other obligations of the Grantor, or anyother owner or operator of the facilities, or any oftheir affiliates as defined in the Investment CompanyAct of 1940, as amended, 15 U.S.C. 80a-2.(a), shall notbe acquired or held, unless they are securities orother obligations of the Federal or a State government;






(b) To purchase shares in any investment company registeredunder the Investment Company Act of 1940, 15 U.S.C.80a-1 et seq., including one which may be created,managed, underwritten, or to which investment advice isrendered or the shares of which are sold by theTrustee. The Trustee may vote such shares in itsdiscretion.







(c) To register any securities held in the Fund in its ownname or in the name of a nominee and to hold anysecurity in bearer form or in book entry, or to combinecertificates representing such securities withcertificates of the same issue held by the Trustee inother fiduciary capacities, or to deposit or arrange

for the deposit of such securities in a qualifiedcentral depositary even though, when so deposited, such

securities may be merged and held in bulk in the name

of the nominee of such depositary with other securitiesdeposited therein by another person, or to deposit or

arrange for the deposit of any securities issued by theUnited States Government, or any agency orinstrumentality thereof, with a Federal Reserve bank,

but the books and records of the Trustee shall at all

times show that all such securities are part of theFund;

(d) To deposit any cash in the Fund in interest-bearing

accounts maintained or savings certificates issued by

the Trustee, in its separate corporate capacity, or in

any other banking institution affiliated with theTrustee, to the extent insured by an agency of theFederal or State government; and

(e) To compromise or otherwise adjust all claims in favor

of or against the Fund.


All taxes of any kind that may be assessed or leviedagainst or in respect of the Fund and all brokerage commissions

incurred by the Fund shall be paid from the Fund. All other

expenses incurred by the Trustee in connection with theadministration of this Trust, including fees for legal servicesrendered to the Trustee, the compensation of the Trustee to theextent not paid directly by the Grantor, and all other propercharges and disbursements of the Trustee shall be paid from theFund.


The Trustee shall annually, at least 30 days prior to the

anniversary date of the establishment of the Fund, furnish to theGrantor and to the NMED Secretary a statement confirming thevalue of the Trust. Any securities in the Fund shall be valued at

market value as of no more than 60 days prior to the anniversarydate of establishment of the Fund. The failure of the Grantor to

object in writing to the Trustee within 90 days after thestatement has been furnished to the Grantor and the NMEDSecretary shall constitute a conclusively binding assent by theGrantor, barring the Grantor from asserting any claim or

liability against the Trustee with respect to matters disclosedin the statement.


The Trustee may from time to time consult with counsel, whomay be counsel to the Grantor, with respect to any question



Solid Waste Management -- 20NMAC9. I of 170



The Trustee shall be entitled to reasonable compensationfor its services as agreed upon in writing from time to time withthe Grantor.


The Trustee may resign or the Grantor may replace theTrustee, but such resignation or replacement shall not beeffective until the Grantor has appointed a successor trustee andthis successor trustee accepts the appointment. The successortrustee shall have the same powers and duties as those conferredupon the Trustee hereunder. Upon the successor trustee'sacceptance of the appointment, the Trustee shall assign,transfer, and pay over to the successor trustee the funds andproperty then constituting the Fund. If for any reason theGrantor cannot or does not act in the event of the resignationthe Trustee, the Trustee may apply to a court of competentjurisdiction for the appointment of a successor trustee forinstructions. The successor trustee shall specify the date onwhich it assumes administration of the trust in a writing sent tothe Grantor, the NMED Secretary, and the present Trustee bycertified mail 10 days before such change becomes effective. Anyexpenses incurred by the Trustee as a result of any of the actscontemplated by this Section shall be paid as provided in Section9.


All orders, requests, and instructions by the Grantor tothe Trustee shall be in writing, signed by such persons as aredesignated in the attached Exhibit A or such other designees asthe Grantor may designate by amendment to Exhibit A. The Trusteeshall be fully protected in acting without inquiry in accordancewith the Grantor's orders, requests, and instructions. Allorders, requests, and instructions by the NMED Secretary to theTrustee shall be in writing, signed by the NMED Secretary, ordesignee, and the Trustee shall act and shall be fully protectedin acting in accordance with such orders, requests, andinstructions. The Trustee shall have the right to assume, in theabsence of written notice to the contrary, that no eventconstituting a change or a termination of the authority of anyperson to act on behalf of the Grantor or NMED hereunder hasoccurred. The Trustee shall have no duty to act in the absence ofsuch orders, requests, and instructions from the Grantor and/orNHED, except as provided for herein.


The Trustee shall notify the Grantor and the NXED Secretaryby certified mail within 10 days following the expiration of the30-day period after the anniversary date of the Trust, if nopayment is received from the Grantor during that period accordingto Schedule B attached hereto. After the payin period iscompleted, the Trustee shall not be required to send a notice ofnonpayment.




This Agreement may be amended by an instrument in writing

executed by the Grantor, the Trustee, and the NMED Secretary, or

by the Trustee and the NMED Secretary if the Grantor ceases to

exist.


Subject to the right of the parties to amend this Agreement

as provided in Section 16, this Trust shall be irrevocable and

shall continue until terminated at the written agreement of the

Grantor, the Trustee, and the NMED Secretary, or by the Trustee

and the NMED Secretary, if the Grantor ceases to exist. Upon

termination of the Trust, all remaining trust property, less

final trust administration expenses, shall be delivered to the

Grantor.


The Trustee shall not incur personal liability of any

nature in connection with any act or omission, made in good

faith, in the administration of this Trust, or in carrying out

any directions by the Grantor or the NMED Secretary issued in

accordance with this Agreement. The Trustee shall be indemnified

and saved harmless by the Grantor or from the Trust Fund, or

both, from and against any personal liability to which the

Trustee may be subjected by reason of any act or conduct in its

official capacity, including all expenses reasonably incurred in

its defense in the event the Grantor fails to provide such

defense.


This Agreement shall be administered, construed, and

enforced according to the laws of the State of New Mexico.


As used in this Agreement, words in the singular includethe plural and words in the plural include the singular. The

descriptive headings for each Section of this Agreement shall not

affect the interpretation or the legal efficacy of thisAgreement.

In Witness Whereof the parties have caused this Agreementto be executed by their respective officers duly authorized and

their corporate seals to be hereunto affixed and attested as of

the date first above written: The parties below certify that the

wording of this Agreement is identical to the wording specified

in the Solid Waste Management Regulations as such regulations

were constituted on the date first above written.

(Signature of Grantor][Title]

Attest:[Title]



[Seal][Signature of Trustee]

Attest:[Title][Seal]

State of

County of

On this [date], before me personally came [owner oroperator] to me known, who, being by me duly sworn, did deposeand say that she/he resides at [address], that she/he is [title]of [corporation], the corporation described in and which executedthe above instrument; that she/he knows the seal of saidcorporation; that the seal affixed to such instrument is suchcorporate seal; that it was so affixed by order of the Board ofDirectors of said corporation, and that she/he signed her/hisname thereto by like order.


[1-30-92; 8-17-94; 11-30-95]


Trust Agreement, the "Agreement," entered into as of [date]by and between [name of the owner or operator], a [name of State][insert "corporation," "partnership," "association," or"proprietorship"], the "Grantor," and [name of corporatetrustee], [insert "incorporated in the State of " or "anational bank"], the "Trustee."

Whereas, the New Mexico Environmental Improvement Board,"EIB", has established certain regulations applicable to theGrantor, requiring that an owner or operator of a solid wastemanagement facility shall provide assurance that funds will beavailable when needed for certain activities as required in apermit issued pursuant to the Solid Waste Management Regulations.











This Agreement pertains to the facilities and costestimates identified on attached Schedule A [on Schedule A, foreach facility list the New Mexico Solid Waste Facility Permitnumber, name, address, and the current cost estimates for whichfinancial assurance is demonstrated by this Agreement].


The Grantor and the Trustee hereby establish a trust fund,the "Fund," for the benefit of the State of New Mexico, C/OSecretary, New Mexico Environment Department (NMED). The Grantorand the Trustee intend that no third party have access to theFund except as herein provided. The Fund is established initiallyas consisting of the property, which is acceptable to theTrustee, described in Schedule B attached hereto. Such propertyand any other property subsequently transferred to the Trustee isreferred to as the Fund, together with all earnings and profitsthereon, less any payments or distributions made by the Trusteepursuant to this Agreement. The Fund shall be held by theTrustee, IN TRUST, as hereinafter provided. The Trustee shall notbe responsible nor shall it undertake any responsibility for theamount or adequacy of, nor any duty to collect from the Grantor,any payments necessary to discharge any liabilities of theGrantor established by NMED.Section 4. Payments Pursuant to the Solid Waste ManagementRegulations.

The Trustee shall make payments from the Fund as the NNEDSecretary shall direct, in writing, to provide for the payment ofthe costs pursuant to Solid Waste Management Regulations of thefacilities covered by this Agreement. The Trustee shall reimbursethe Grantor or other persons as specified by the NNED Secretaryfrom the Fund for the costs in such amounts as the NMED Secretaryshall direct in writing. In addition, the Trustee shall refund tothe Grantor such amounts as the NMED Secretary specifies inwriting. Upon refund, such funds shall no longer constitute partof the Fund as defined herein.




The Trustee shall invest and reinvest the principal andincome of the Fund and keep the Fund invested as a single fund,without distinction between principal and income, in accordancewith general investment policies and guidelines which the Grantormay communicate in writing to the Trustee from time to time,subject, however, to the provisions of this section. Ininvesting, reinvesting, exchanging, selling, and managing theFund, the Trustee shall discharge his duties with respect to the



trust fund solely in the interest of the beneficiary and with thecare, skill, prudence, and diligence under the circumstances thenprevailing which persons of prudence, acting in a like capacityand familiar with such matters, would use in the conduct of anenterprise of a like character and with like aims; except that:

(a) Securities or other obligations of the Grantor, or anyother owner or operator of the facilities, or any oftheir affiliates as defined in the Investment CompanyAct of 1940, as amended, 15 U.S.C. 80a-2. (a), shall notbe acquired or held, unless they are securities orother obligations of the Federal or a State government;






(b) To purchase shares in any investment company registeredunder the Investment Company Act of 1940, 15 U.S.C.80a-l et seq., including one which may be created,managed, underwritten, or to which investment advice isrendered or the shares of which are sold by theTrustee. The Trustee may vote such shares in itsdiscretion.







(c) To register any securities held in the Fund in its ownname or in the name of a nominee and to hold anysecurity in bearer form or in book entry, or to combinecertificates representing such securities withcertificates of the same issue held by the Trustee inother fiduciary capacities, or to deposit or arrangefor the deposit of such securities in a qualifiedcentral depositary even though, when so deposited, suchsecurities may be merged and held in bulk in the nameof the nominee of such depositary with other securitiesdeposited therein by another person, or to deposit orarrange for the deposit of any securities issued by theUnited States Government, or any agency orinstrumentality thereof, with a Federal Reserve bank,but the books and records of the Trustee shall at alltimes show that all such securities are part of theFund;




All taxes of any kind that may be assessed or leviedagainst or in respect of the Fund and all brokerage commissionsincurred by the Fund shall be paid from the Fund. All otherexpenses incurred by the Trustee in connection with theadministration of this Trust, including fees for legal servicesrendered to the Trustee, the compensation of the Trustee to theextent not paid directly by the Grantor, and all other propercharges and disbursements of the Trustee shall be paid from theFund.


The Trustee shall annually, at least 30 days prior to theanniversary date of the establishment of the Fund, furnish to theGrantor and to the NNED Secretary a statement confirming thevalue of the Trust. Any securities in the Fund shall be valued atmarket value as of no more than 60 days prior to the anniversarydate of establishment of the Fund. The failure of the Grantor toobject in writing to the Trustee within 90 days after thestatement has been furnished to the Grantor and the NMEDSecretary shall constitute a conclusively binding assent by theGrantor, barring the Grantor from asserting any claim orliability against the Trustee with respect to matters disclosedin the statement.


The Trustee may from time to time consult with counsel, whomay be counsel to the Grantor, with respect to any questionarising as to the construction of this Agreement or any action to

of 170

http://www.nmenv.state.nm.us/NMEDregs/swb/20ninac9_1 .html 8/15/2005




The Trustee shall be entitled to reasonable compensationfor its services as agreed upon in writing from time to time withthe Grantor.


The Trustee may resign or the Grantor may replace theTrustee, but such resignation or replacement shall not beeffective until the Grantor has appointed a successor trustee andthis successor trustee accepts the appointment. The successortrustee shall have the same powers and duties as those conferredupon the Trustee hereunder. Upon the successor trustee'sacceptance of the appointment, the Trustee shall assign,transfer, and pay over to the successor trustee the funds andproperty then constituting the Fund. If for any reason theGrantor cannot or does not act in the event of the resignationthe Trustee, the Trustee may apply to a court of competentjurisdiction for the appointment of a successor trustee forinstructions. The successor trustee shall specify the date onwhich it assumes administration of the trust in a writing sent tothe Grantor, the NMED Secretary, and the present Trustee bycertified mail 10 days before such change becomes effective. Anyexpenses incurred by the Trustee as a result of any of the actscontemplated by this Section shall be paid as provided in Section9.


All orders, requests, and instructions by the Grantor tothe Trustee shall be in writing, signed by such persons as aredesignated in the attached Exhibit A or such other designees asthe Grantor may designate by amendment to Exhibit A. The Trusteeshall be fully protected in acting without inquiry in accordancewith the Grantor's orders, requests, and instructions. Allorders, requests, and instructions by the NNED Secretary to theTrustee shall be in writing, signed by the NMED Secretary, ordesignee, and the Trustee shall act and shall be fully protectedin acting in accordance with such orders, requests, andinstructions. The Trustee shall have the right to assume, in theabsence of written notice to the contrary, that no eventconstituting a change or a termination of the authority of anyperson to act on behalf of the Grantor or NHED hereunder hasoccurred. The Trustee shall have no duty to act in the absence ofsuch orders, requests, and instructions from the Grantor and/orNNED, except as provided for herein.



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This Agreement may be amended by an instrument in writingexecuted by the Grantor, the Trustee, and the NMED Secretary, orby the Trustee and the NMED Secretary if the Grantor ceases toexist.


Subject to the right of the parties to amend this Agreementas provided in Section 16, this Trust shall be irrevocable andshall continue until terminated at the written agreement of theGrantor, the Trustee, and the NMED Secretary, or by the Trusteeand the NHED Secretary, if the Grantor ceases to exist. Upontermination of the Trust, all remaining trust property, lessfinal trust administration expenses, shall be delivered to theGrantor.


The Trustee shall not incur personal liability of anynature in connection with any act or omission, made in goodfaith, in the administration of this Trust, or in carrying outany directions by the Grantor or the NMED Secretary issued inaccordance with this Agreement. The Trustee shall be indemnifiedand saved harmless by the Grantor or from the Trust Fund, orboth, from and against any personal liability to which theTrustee may be subjected by reason of any act or conduct in itsofficial capacity, including all expenses reasonably incurred inits defense in the event the Grantor fails to provide suchdefense.


This Agreement shall be administered, construed, andenforced according to the laws of the State of New Mexico.




[Signature of Grantor][Title]

Attest:(Title]

http://www.nmenv.state.nm .us/NMEDregs/swb/20nmac9_1 .html 8/15/2005


[Seal][Signature of Trustee]

Attest:[Title]

[Seal]

State of

County of

On this (date], before me personally came (owner oroperator] to me known, who, being by me duly sworn, did deposeand say that she/he resides at (address], that she/he is [title]of (corporation], the corporation described in and which executedthe above instrument; that she/he knows the seal of saidcorporation; that the seal affixed to such instrument is suchcorporate seal; that it was so affixed by order of the Board ofDirectors of said corporation, and that she/he signed her/hisname thereto by like order.

(Signature of Notary Public]

[1-30-92; 8-17-94; 11-30-95]

1105. LOCAL GOVERNMENT RESERVE RESOLUTION. (8-17-94; 11-30-95]

(Council/Commission) Bill No.:

SPONSORED BY:

RESOLUTIONESTABLISHING A RESTRICTED CASH ACCOUNT AND RELATED LIABILITYACCOUNT IN THE (insert name of the fund) FUND TO PROVIDE FUNDSFOR FUTURE (CLOSURE, POST-CLOSURE, PHASE I AND PHASE II, AND/ORCORRECTIVE ACTION) COSTS AT THE (insert name of governmentalentity) FACILITY KNOWN AS (insert name of facility).

WHEREAS, the (insert name of governmental entity) is(opening, operating, closing) a solid waste management facility

known as (insert name of facility); and

WHEREAS, the post-closure care period of the (name offacility) is expected to be at least (insert number of years)years; and,

WHEREAS, the (insert name of the facility) facility isbeing designed and constructed to meet or exceed the Solid WasteManagement Regulations of the State of New Mexico; and

WHEREAS, the Solid Waste Management Regulations require theowner or operator shall establish financial assurance foradequate (closure, post-closure care, Phase I and Phase IIassessment, and/or corrective action) for the facility; and,

WHEREAS, the cost for (closure, post-closure, Phase I andPhase II assessment, and/or corrective action) is estimated to be(insert dollar amount numeric and written) based on a cost

of 170

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summary provided by the landfill design engineers; and,

WHEREAS, the annual amount to be transferred in FY (insertfiscal year) is (insert dollar amount, numeric and written).

BE IT RESOLVED BY THE COUNCIL/COHMISSION, THE GOVERNINGBODY OF (insert name of governing body);

Section 1. That the (Name of the Governing Body) establish arestricted cash account and related liability account in the(insert name of the fund) to be used solely to fund future(closure, post-closure, Phase I and Phase II, and/or correctiveaction) expenditures for (the name of the facility) facility.

Section 2. That each year the (managing department/entity of thefacility) shall include as part of its annual budget submittal,an amount to be appropriate for transfer into the restricted cashaccount with a related liability account for the unspentappropriation. Each year the transfer will be reviewed andadjusted to reflect any increases of decreases in the originalcost estimate of (insert dollar amount). This will build a fundsufficient to assure (closure, post-closure, Phase I and Phase IIassessment, and/or corrective action) costs for the (insert nameof the facility) facility by (insert year).

Section 3. That withdrawals from the restricted cash accountshall only be for the purposes of (closure, post-closure, Phase Iand Phase II assessment, and/or corrective action) as defined inthe Solid Waste Management Regulations of the State of New Mexicofor the (insert name of the facility) facility.Section 4. That withdrawals from the restricted cash account

t' shall only be authorized by the (City Council/County Commission)and the Secretary of the New Mexico Environment Department uponsubmission of adequate proof of work performed for (closure,post-closure, Phase I and Phase II assessment, and/or correctiveaction) as defined in the Solid Waste Management Regulations ofthe State of New Mexico.

(8-17-94; 11-30-95]

1106. CERTIFICATE OF INSURANCE FOR CLOSURE, POST-CLOSURE CARE,AND/OR PHASE I AND PHASE II ASSESSMENT.

Name and Address of Insurer(herein called the "Insurer"):

Name and Address of Insured(herein called the "Insured"):

Facilities Covered: [List for each facility:The New Mexico Environment Department IdentificationNumber, name, address, and the amount of insurance forclosure, the amount of insurance for post-closure care, theamount of insurance for Phase I and Phase II assessment(these amounts for all facilities covered must total theface amount shown below.)]

Face Amount:Policy Number:Effective Date:



The Insurer hereby certifies that it has issued to the -

Insured the policy of insurance identified above to providefinancial assurance for [insert as applicable "closure", "post-closure care", and/or "Phase I and Phase II assessment"] for thefacilities identified above. The Insurer further warrants thatsuch policy conforms in all respects with the requirements of theNew Mexico Solid Waste Management Regulations, EIB/SWMR-4,Section 906.D., as applicable and as such regulations wereconstituted on the date shown immediately below. It is agreedthat any provision of the policy inconsistent with suchregulations is hereby amended to eliminate such inconsistency.

Whenever requested by the Secretary, New Mexico EnvironmentDepartment, the Insurer agrees to furnish the Secretary aduplicate original of the Policy listed above, including allendorsements thereon.

I hereby certify that the wording of this certificate isidentical to the wording specified in New Mexico Solid WasteManagement Regulations, EIB/SWMR-4, as such regulations wereconstituted on the date shown immediately below.

[Authorized signature of Insurer)[Name of person signing][Title of person signing]Signature of witness or notary:[Date]

[8-17-94; 11-30-95]

1107. IRREVOCABLE STANDBY LETTER OF CREDIT. [8-17-94; 11-30-95]

A. New Mexico governmental entity as payee.

(Addressee)(Name of Local Government Entity)

Dear Sir or Madam:

We hereby establish our Irrevocable Standby letter ofCredit No. in your favor, at the request and for the accountof [owners or operator's name and address] up to the aggregateamount of [in words] U.S. dollars $ , available uponpresentation of

(1) a sight draft from the New Mexico EnvironmentDepartment, bearing reference to this letter of creditNo. , and

(2) a signed statement from the Secretary of the New MexicoEnvironment Department reading as follows: "I certifythat the amount of the draft is payable pursuant toregulations issued under authority of the Solid WasteAct as amended."

This letter of credit is effective as of [date] and shallexpire on [date at least 1 year later], but such expiration dateshall be automatically extended for a period of [at least 1 year]of [date] and on each successive expiration date, unless, at



least 120 days before the current expiration date, we notify bothyou and [owner's or operator's name] by certified mail that wehave decided not to extend this letter of credit beyond thecurrent expiration date. In the event you're so notified, anyunused portion of the credit shall be available upon presentation

of the above mentioned sight draft and statement of certificationfor 120 days after the date of receipt by both you and [owner's

or operator's name], as shown on the signed return receipts.

Whenever this letter of credit is drawn on under and in

compliance with the terms of this credit, we shall duly honorsuch draft upon presentation to us. and we shall deposit theamount of the draft directly into the [trust fund or standbytrust fund] of [owner's or operator' s name] in accordance withyour instructions.

We certify that the wording of this letter of credit isidentical to the wording of this letter in Solid Waste ManagementRegulations, EIB/SWMR-4, as such regulations were constituted onthe date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution][Date]

This credit is subject to the Uniform Commercial Code.

[8-17-94; 11-30-95]

B. Department as payee.

SecretaryNew Mexico Environment Department

Dear Sir or Madam:

We hereby establish our Irrevocable Standby letter ofCredit No. in your favor, at the request and for the accountof [owners or operator's name and address] up to the aggregateamount of [in words] U.S. dollars $ , available uponpresentation of

(1) a sight draft from the New Mexico EnvironmentDepartment, bearing reference to this letter of credit

No. , and

(2) a signed statement from the Secretary of the New MexicoEnvironment Department reading as follows: "I certifythat the amount of the draft is payable pursuant toregulations issued under authority of the Solid WasteAct as amended."

This letter of credit is effective as of [date] and shallexpire on [date at least 1 year later], but such expiration date

shall be automatically extended for a period of [at least 1 year]

of [date] and on each successive expiration date, unless, at

least 120 days before the current expiration date, we notify both

you and [owner's or operator's name] by certified mail that we

have decided not to extend this letter of credit beyond the

current expiration date. In the event you're so notified, any

unused portion of the credit shall be available upon presentation



of the above mentioned sight draft and statement of certificationfor 120 days after the date of receipt by both you and [owner'sor operator's name], as shown on the signed return receipts.

Whenever this letter of credit is drawn on under and incompliance with the terms of this credit, we shall duly honorsuch draft upon presentation to us. and we shall deposit theamount of the draft directly into the [trust fund or standbytrust fund] of [owner's or operator's name] in accordance withyour instructions.

We certify that the wording of this letter of credit isidentical to the wording of this letter in Solid Waste ManagementRegulations, EIB/SWMR-4, as such regulations were constituted onthe date shown immediately below.

[Signature(s) and title(s) of[Date]

official(s) of issuing institution]

This credit is subject to the Uniform Commercial Code.

[8-17-94; 11-30-95]

1108. FEES.

Facility Any size <20 ton/day 20 <100 ton/say>100 ton/day

Municipal, industrial &special waste landfill NA $6000 $8,000 $10,000

Construction/Demolitionlandfills $3,000

Transformation $10,000

Processing $5,000

Transfer $3,000

Land applicationof sludgel $10,000

Recyclingl $2,000

Compostingl $2,000

1 Applies to facilities defined as solid waste facilities in Section 105.

[1-30-92; 8-17-94; 11-30-95]

1109. MINIMUM TEST PARAMETERS FOR LANDFILL DISPOSAL OF MUNICIPAL

WASTEWATER SLUDGE.

Parameters

1. No free liquids as determined by Paint Filter Liquids Test(U.S. EPA Test Method 9095).


Solid Waste Management - zurNALly.-1 A "* ...

2. Percent solids.

3. pH: 2.0 - 12.5 (acceptable range).

4. PCB's: No Detectable Concentration.

5. TCLP (U.S. EPA Test Method 1311)

Parameters Maximum Allowable

Concentration (mg/L)

Arsenic 5.0Benzene 0.5Cadmium 1.0Chlordane 0.03Chromium 5.02,4-Dichlorophenoxy-acetic acid 10.0

Lead 5.0Lindane 0.4Mercury 0.2Methyl ethyl ketone 200.0

Toxaphene 0.5

[8-17-94; 11-30-95]

1110. LINER EQUIVALENCY DEMONSTRATION PARAMETERS.

Parameter Maximum AllowableConcentration (mg/L) at thePoint of Compliance for liner

equivalency demonstrationpurposes only

Arsenic 0.05

Barium 1.0Benzene 0.005Cadmium 0.01Carbon tetrachloride 0.005

Chromium (hexavalent) 0.05

2,4-Dichlorophenoxy acetic acid 0.1

1,4-Dichlorobenzene 0.075

1,2-Dichloroethane 0.005

1,l-Dichloroethylene 0.007

Endrin 0.0002

Fluoride 4.0

Lindane 0.004

Lead 0.05Mercury 0.002Methoxychlor 0.1

Nitrate 10.0Selenium 0.01

Silver 0.05

Toxaphene 0.005

1,1,1-Trichloroethane 0.2

Trichloroethylene 0.005

2,4,5-Trichlorophenoxy acetic acid 0.01

Vinyl Chloride 0.002

[8-17-94; 11-30-953

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1111. - 1199. [RESERVED]

6720 NMAC 9.1

5 t*A .* UA*# - - S -

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This page last updated March 24, 1997

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